VidhiSangh

Supreme Court of India · 31/03/2025

KISHORE CHHABRA versus THE STATE OF HARYANA & ORS.

[2025] 4 S.C.R. 327 · 2025 INSC 419

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Summary

A landowner's claim to have his acquired land released on the ground of discrimination and a running factory failed because he held no Change of Land Use certificate, a statutory prerequisite under the 1963 Act, and because the State had already spent heavily on sector development; the Court nevertheless rejected the State's pleas of delay and res judicata and, under Article 142 and on the special facts of continued physical possession, directed that compensation be computed under the 2013 Act as on its commencement date.

Issues

  1. Whether the appellant, claiming a factory in operation since 1970, was entitled to release of his land from acquisition under the State's policies dated 26.06.1991 and 26.10.2007 despite not holding a Change of Land Use (CLU) certificate.
  2. Whether the appellant was discriminated against vis-a-vis other landowners of the same village whose lands were released from the same acquisition.
  3. Whether the writ petition was barred by delay and laches or by res judicata in view of the two earlier writ petitions.
  4. Whether any relief was warranted having regard to the expenditure already incurred by the State on development of the acquired sectors and the appellant's continued physical possession.

Provisions considered

Held

Result

Appeal disposed of; prayer for release of land rejected; under Article 142 compensation to be calculated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as on the date of its commencement, not to be treated as a precedent; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 327.