Land Acquisition Dispute: Supreme Court Directs Compensation Under New Law

The Supreme Court of India ruled on a significant land acquisition dispute between the Aligarh Development Authority and landowner Megh Singh. The case centered around whether the acquisition proceedings initiated under the Land Acquisition Act, 1894, had lapsed due to the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Background of the Case

The Aligarh Development Authority issued a Notification on 09.08.2004 under Section 4(1) of the 1894 Act for acquiring Megh Singh’s land. The authority invoked the emergency clause under Section 17 and issued a Section 6 declaration on 03.08.2005. However, despite taking possession of the land and depositing part of the compensation, no award was passed.

The landowner challenged the acquisition in the Allahabad High Court, which ruled in his favor, quashing the notification and declaration. The Aligarh Development Authority then approached the Supreme Court.

Key Issues in the Case

• Did the land acquisition proceedings lapse under Section 24 of the 2013 Act?
• Was compensation lawfully provided to the landowner?
• Did the High Court err in ruling the acquisition invalid?

Arguments Presented

Petitioner (Aligarh Development Authority)

• Claimed possession of the land was taken and a residential colony had been developed.
• Stated that 80% of the compensation was deposited with the Land Acquisition Collector.

Respondent (Megh Singh)

• Argued that no award had been passed, violating the legal requirement.
• Contended that under Section 24 of the 2013 Act, the acquisition proceedings had lapsed.

Supreme Court’s Judgment

The Supreme Court ruled that the acquisition proceedings had not lapsed since no award had been passed, and the proceedings must continue. However, it directed the Aligarh Development Authority to:

• Pass an award under the 2013 Act within six months.
• Calculate and disburse compensation to Megh Singh as per the new law.
• Ensure full payment to the landowner or deposit it with the Land Acquisition Collector within one month of passing the award.

Rejecting the authority’s argument that compensation was available for collection, the Court stated: “There is no question of ‘come and get’ the compensation while compulsorily acquiring the land; the approach required under law is ‘go and give’.”

Conclusion

This judgment underscores the necessity for authorities to follow proper procedures in land acquisitions and ensures that landowners receive fair compensation under the law.

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Download Judgment: Aligarh Development vs Megh Singh & Ors. Supreme Court of India Judgment Dated 05-05-2016-1741860806116.pdf