VidhiSangh

Supreme Court of India · 13/08/2019

NARESHBHAI BHAGUBHAI & ORS. versus UNION OF INDIA & ORS.

[2019] 10 S.C.R. 88 · 2019 INSC 895

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Summary

Railway acquisition objections required a reasoned, communicated order after hearing; preliminary correspondence and internal notings did not satisfy that duty. The mandatory procedure was breached. Given the advanced public project and the appellants’ acceptance of monetary relief, the Court preserved the acquisition while directing compensation at current market value. This exceptional relief was confined to the appellants and was not a precedent for non-challenging owners.

Issues

  1. Whether the competent authority validly decided objections before the railway acquisition declaration.
  2. Whether the acquisition should be set aside or relief moulded for the challenging landowners.

Provisions considered

Held

Result

Appeals allowed in the moulded terms: acquisition preserved; appellants to receive compensation assessed at current market value under section 20G. Relief expressly confined to these appellants. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 88.