Land Acquisition and Rehabilitation: Supreme Court Directs Haryana Government to Allot Plot

The case of Heera Lal v. State of Haryana & Ors. was a crucial judgment addressing land acquisition and the rights of affected individuals under the Rehabilitation and Resettlement Policy. The appellant, Heera Lal, challenged the acquisition of his land, citing that the dispensation of the Section 5-A inquiry was unjustified and unwarranted. However, the High Court declined to interfere with the acquisition but directed that he be granted a plot under the Government’s policy.

Background of the Case

Heera Lal, the appellant, approached the Supreme Court after the High Court dismissed his challenge against land acquisition proceedings in Haryana. He contended that the process of land acquisition was unjust as the authorities had dispensed with the mandatory Section 5-A inquiry, which provides an opportunity for landowners to object to the acquisition.

Key Arguments by the Petitioner

• The petitioner argued that his right to be heard under Section 5-A of the Land Acquisition Act was violated.
• He contended that the authorities did not provide a fair opportunity to present objections before acquiring his land.
• He challenged the necessity of the acquisition and sought judicial intervention.

Key Arguments by the Respondents

• The respondents, including the State of Haryana, defended the acquisition process, stating that it was carried out in accordance with the law.
• They assured that under the Rehabilitation and Resettlement Policy, Heera Lal would be entitled to a plot in compensation for the land taken.
• The government contended that the acquisition was essential for development and followed due process.

Supreme Court Judgment

The Supreme Court, comprising Justices Kurian Joseph and Rohinton Fali Nariman, reviewed the matter and observed that the passage of time and intervening developments had made it inappropriate to reconsider the acquisition on merits. Instead, the Court disposed of the appeal with a direction:

• The Haryana Government (Respondent Nos. 1 to 3) was ordered to allot and hand over a plot to Heera Lal as per the Rehabilitation and Resettlement Policy.
• The allotment had to be completed within twelve weeks.
• Failure to comply would result in an additional compensation of Rs. 1,000 per day until the plot was handed over.

Conclusion

This judgment highlights the importance of fair land acquisition processes and the significance of rehabilitation for affected individuals. The Supreme Court ensured justice by enforcing the government’s commitment to resettlement, setting a precedent for future cases.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Heera Lal vs State of Haryana & O Supreme Court of India Judgment Dated 22-01-2016.pdf