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Civil · Reportable judgment

Kishore Chhabra vs The State of Haryana & Ors.

Court
Supreme Court of India
Date
1 April 2025
Case No.
Civil Appeal No. 8968 of 2013
Result
Disposed
Bench
Bhushan Ramkrishna Gavai, Prashant Kumar Mishra, K.V. Viswanathan
Citation
[2025] 4 S.C.R. 327 : 2025 INSC 419
Acts & Sections
Land Acquisition Act, 1894 Punjab Scheduled Roads & Controlled Areas… Right to Fair Compensation and Transparency…
Supreme Court Reports [2025] 4 S.C.R. 327 : 2025 INSC 419
Issue for consideration
Appellant sought release of his land from acquisition.
Headnote

Land Acquisition Act, 1894 – Punjab Scheduled Roads & Controlled Areas Restrictions of Unregulated Development Act, 1963 – Appellant is the owner in possession of the land in question – The State issued notification u/s.4 of the 1894 Act for acquisition of the land – The LAC passed an award and mentioned that the possession of the land acquired was already taken and the same vests with the Government – Appellant filed various writ petitions challenging land acquisition proceedings, which were dismissed – His last writ petition was dismissed mainly on the ground that the possession is deemed to have been taken and continuing with physical possession would not confer any right whatsoever upon the appellant – Correctness:

Held: In the instant case, by the virtue of the provisions and notification any land falling in the area was required to obtain Change of Land Use (CLU) for development – The appellant’s land fell within this controlled area, yet the appellant did not obtain any CLU – The requirement for CLU being a statutory mandate, release of land, in the absence of CLU is not permissible – As far as appellant’s plea of discrimination is concerned, the appellant’s case stands on a different footing in comparison to others inasmuch as the appellant has not obtained a valid CLU – Thus, the appellant’s plea of discrimination is rejected – However, since the appellant claims to be in continuous physical possession of the land wherein a factory is in operation and the department has not satisfactorily controverted this aspect of the matter, on the special facts of this case, in exercise of power u/Art.142, this Court deems it appropriate to direct that the compensation payable to the appellant should be calculated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as on the date of commencement of the said Act. [Paras 7,8,10,13]

Keywords: Acquisition · Land · Release of land from acquisition · Possession of land · Physical possession of land · Change of Land Use · Change of Land Use being a statutory mandate · Discrimination · Article 142 of Constitution

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Prashant Kumar Mishra, J. 1. Challenge in this appeal is to the order passed by the High Court of Punjab and Haryana whereby the writ petition of the appellant, calling in question the order dated 17.08.2010 passed by the respondent/State rejecting his representation for release of his land from acquisition, has been dismissed. 2. Briefly stated, the facts of the matter are that the appellant is the owner in possession of the land and constructed area measuring 386 sq. yards and 3078 sq. yards at Sultanpur, Sonipat, Haryana having purchased the same from the owner of M/s. Haryana K
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