VidhiSangh

Supreme Court of India · 21/10/2024

HARYANA URBAN DEVELOPMENT AUTHORITY versus ABHISHEK GUPTA ETC.

[2024] 10 S.C.R. 2278 · 2024 INSC 796

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Summary

The Supreme Court restored the acquisition of the respondents' land in Panchkula, which the High Court had quashed for non-compliance with Section 5A and for discrimination. Section 5A guarantees a hearing, not a result; the Government may depart from the Collector's recommendation for reasons, and existing constructions do not bar acquisition. The discrimination plea failed and its basis had in any case been removed. The Court refused a compromise releasing the land as manifestly arbitrary, and used Article 142 to overcome the merger objection arising from the dismissal of the State's earlier appeals.

Issues

  1. Whether the mandatory procedure under Section 5A of the Land Acquisition Act, 1894 was complied with, and whether the Government could depart from the Collector's recommendation to release the land.
  2. Whether the acquisition was vitiated under Article 14 because land of a similarly placed owner had been left out.
  3. Whether the appeals should be disposed of in terms of a settlement under which the State agreed to release the respondents' land.
  4. Whether the appeals were barred by the doctrine of merger because the State's earlier appeals against the same judgment had been dismissed after leave was granted.

Provisions considered

Held

Result

Appeals allowed; High Court judgment of 15.07.2008 and any orders following it set aside; award to be passed within three months if not already passed, otherwise liberty to seek a Section 18 reference within two months without a limitation bar; compensation at the rate paid for the other owner's similarly located land if the land has the same potential; State and HSVP to take possession and develop the land for its public purpose; compliance report due before 30.04.2025.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 2278.