LAND ACQUISITION AND REHABILITATION — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Challenge to Award passed after directions of High Court — Delay, knowledge of award, statutory remedy and validity of acquisition — Consideration.
Where landowners challenged awards passed under the Act, 2013 alleging non-service of notices, inadequate compensation, incorrect application of multiplier, non-grant of Rehabilitation and Resettlement benefits and violation of statutory procedure, while the State contended that notices were duly served, awards were passed pursuant to earlier High Court directions, compensation was deposited, petitioners had prior knowledge of the awards and had an effective statutory remedy before the LARR Authority, the Court examined the rival contentions in the light of the provisions of the Act, 2013 and the Rules.
(Paras 2 to 7)
LAND ACQUISITION — Notice to interested persons — Compliance with Sections 21 and 22 of the Act, 2013 — Burden of proof.
Petitioners contended that mandatory notices under Sections 21 and 22 of the Act, 2013 were never served before passing of the awards and that absence of claims recorded in the awards itself established non-compliance, whereas respondents asserted that notices were duly published and individually served and award enquiry was conducted in accordance with law.
(Paras 3(g), 4(c), 4(d), 7)
LAND ACQUISITION — Compensation — Market value — Multiplier factor — Applicability of Central Notification and State Rules.
Petitioners contended that market value was mechanically fixed at Rs.5,00,000/- per acre and multiplier factor of 1.25 was illegally adopted instead of factor 2.00 applicable to rural areas under the Central Notification and Rule 17 of the 2015 Rules, resulting in denial of fair compensation.
(Paras 3(h), 3(i))
LAND ACQUISITION — Rehabilitation and Resettlement — Mandatory benefits — Non-grant — Effect.
Failure to prepare Rehabilitation and Resettlement Award and to extend statutory rehabilitation benefits, if established, would amount to violation of the mandatory provisions contained in Sections 31 and 32 of the Act, 2013.
(Para 3(l))
LAND ACQUISITION — Consent compensation under Government Order — Whether bars statutory entitlement.
Government approval fixing compensation at Rs.20,00,000/- per acre for consent awards cannot, by itself, conclude the issue where landowners dispute the legality of consent, market value or compliance with statutory safeguards under the Act, 2013.
(Paras 3(j), 3(k), 4(c))
WRIT JURISDICTION — Land acquisition matters — Delay and laches — Prior litigation — Knowledge of award — Effect.
Where petitioners had earlier participated in connected proceedings arising out of the same acquisition and respondents established that awards had already been passed and were within the knowledge of several petitioners, the plea of lack of knowledge assumes significance while considering maintainability and delay.
(Paras 4(a), 4(g))
LAND ACQUISITION — Statutory remedy — Reference before LARR Authority — Writ petition.
Disputes relating to adequacy of compensation and allied claims are ordinarily to be pursued before the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of the Act, 2013, unless exceptional grounds justifying exercise of writ jurisdiction are established.
(Paras 4(f), 7)
CONSTITUTION OF INDIA — Article 226 — Land acquisition — Public purpose — Interference by Court.
In matters of land acquisition undertaken for public purpose, Courts are required to balance private rights with public interest and exercise writ jurisdiction with restraint, particularly where statutory remedies are available.
(Paras 5, 6)
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