Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Land Acquisition Act, 1894 – Constitution of India – Art. 300A – The subject land was under temporary acquisition by ONGC since 1996 – Appellant (owner) purchased the subject land vide sale deed dated 15.03.2005 – Appellants were paid Rs 24/sq. metre per annum as rent – Appellants approached the High Court seeking to quash the temporary acquisition proceedings or to release the land from acquisition – The High Court rejected the prayer for quashing temporary acquisition proceedings and ordered for permanent acquisition within 12 months – The Court further directed that the Corporation would consider the claim of the appellants for paying rent at Rs. 1,000/- per square meter per month till acquisition of the land on permanent basis – On appeal, held: Temporary acquisition cannot continue for approximately 20 to 25 years and same can be said to be arbitrary and infringing right to use the property under Art. 300A of Constitution of India – If the permanent acquisition is not done within a stipulated time as per the order of the High Court necessary consequence shall follow – As far rent is concerned, as per s.34 of the 1894 Act if the appellant is aggrieved by the compensation/annual rent, it is open for the appellant to approach the Collector.
Disposing of the appeal, the Court
HELD : 1. Approximately 26 years have passed and still the land in question is under temporary acquisition by the ONGC. If the land is continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition cannot be continued for approximately 20 to 25 years. It cannot be disputed that once the land is under temporary acquisition and the same is being used by the ONGC for oil exploration, it may not be possible for the landowners to use the land; to cultivate the same and/or to deal with the same in any manner. To continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land. As such, in the impugned judgment and order, the High Court has granted time to the ONGC and the State to acquire the land in question permanently within twelve months from the date of the impugned order, i.e., within twelve months from 26.04.2022, i.e., on or before 26.04.2023. Therefore, if the land in question is not acquired as per the writ issued by the High Court within a stipulated time, necessary consequence shall follow. [Para 7][1027-F-H; 1028-A-B, C-E;]
2. Now so far as the grievance with respect to the quantum of annual rent paid is concerned, the High Court has already issued directions in terms of para 7(iii) of the impugned judgment and order. Even otherwise, as per section 34 of the 1894 Act, if the appellants are aggrieved by the amount of compensation/annual rent, it will always be open to the appellants/landowners to approach the Collector and the Collector shall refer such reference to the decision of the Court. [Para 8][1028-F-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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