Today, On 15th May, The Supreme Court established guidelines for government land acquisitions, outlining procedural standards. These standards aim to ensure fairness and transparency in the process. The decision comes as a significant development in land acquisition practices across the country. It reflects ongoing efforts to balance public interest with property rights.
New Delhi: The Supreme Court issued a set of procedural guidelines on Thursday, emphasizing the importance of the government or its instrumentalities adhering to proper procedures when acquiring land and infringing upon a citizen’s right to property as outlined in Article 300A of the Constitution.
Justices PS Narasimha and Aravind Kumar, comprising the Bench, unequivocally stated that any land acquisition conducted without following the due process would be considered illegal and not sanctioned by law.
The Supreme Court further elucidated the procedural rights granted to landowners under Article 300A, which include:
i) The State’s obligation to notify the individual about its intention to acquire their property the right to receive notice.
ii) The State’s duty to provide an opportunity for the person to voice their objections to the acquisition the right to be heard.
iii) The State’s responsibility to inform the individual of its decision regarding the acquisition the right to a reasoned decision.
iv) The State’s requirement to demonstrate that the acquisition is for a public purpose acquisition solely for public purposes.
v) The State’s duty to provide fair compensation and appropriate rehabilitation measures the right to fair compensation.
vi) The State’s responsibility to carry out the acquisition process efficiently and within the prescribed timelines the right to an efficient procedure.
vii) The final conclusion of the proceedings resulting in the transfer of ownership the right to a conclusive resolution.
The court, in its ruling on a land acquisition case involving the Kolkata Municipal Corporation, explained that the seven principles, although procedural in nature, are crucial for establishing the authority of law when it comes to compulsory acquisition of private property. These principles have now become an integral part of our administrative law jurisprudence.
The High Court, in addition to other findings, determined that the mere presence of a valid power of acquisition and fair compensation does not fully satisfy or complete the process of acquisition.
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The High Court invalidated the acquisition of land by the Kolkata Municipal Corporation under Section 352 of the Kolkata Municipal Corporation Act.
The supreme court observed,
“Prescribing the essential procedures prior to depriving an individual of their property is a fundamental aspect of the ‘authority of law’. Article 300A and Section 352 (of the Kolkata Municipal Corporation Act) do not envisage any procedure.”
The Kolkata Municipal Corporation ultimately ordered by the Supreme Court to pay a penalty of Rs. 5 lakh to the landowner involved in the case.
Jaideep Gupta, a Senior Advocate, represented the Kolkata Municipal Corporation.
Mukul Rohatgi and Huzefa Ahmadi, both Senior Advocates, appeared on behalf of the State of West Bengal and the landowners.