VidhiSangh

Supreme Court of India · 28/07/2022

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. & ORS. versus MR. DEEPAK AGGARWAL & ORS.

[2022] 17 S.C.R. 1079 · 2022 INSC 767

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Summary

A large batch of Haryana land acquisition appeals raised a common question under Section 24(1) of the 2013 Land Acquisition (RFCTLARR) Act: when are proceedings under the Land Acquisition Act, 1894 'initiated'? The Supreme Court held that proceedings are initiated on publication of the Section 4(1) notification. That notification is the foundation of acquisition: it authorises entry and survey, fixes the date for market value. This reading also serves the 2013 Act's twin aims, bringing more landowners under the 2013 Act's compensation rules and protecting ongoing public projects from lapse. Where Section 24(1)(a) applies, proceedings continue under the 1894 Act, including Section 6 declarations after 1.1.2014, with only compensation determined under the 2013 Act. The appeals were listed for decision on their individual merits.

Issues

  1. Whether, for Section 24(1) of the 2013 Act, land acquisition proceedings under the Land Acquisition Act, 1894 are 'initiated' on publication of the Section 4(1) notification or on the Section 6 declaration.
  2. Whether a Section 4 notification issued before 01.01.2014 survives after that date, and whether a Section 6 declaration may be issued afterwards.
  3. Which procedure governs proceedings covered by Section 24(1)(a) until compensation is determined.

Provisions considered

Held

Result

The common questions were answered: proceedings are initiated on publication of the Section 4(1) notification, and Section 24(1)(a) cases continue under the 1894 Act with compensation determined under the 2013 Act. The appeals were directed to be listed before the appropriate Bench for disposal on their own merits.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 1079.