Summary
The acquisition of Khasra No. 673 was vitiated because it was omitted from the public notice and no individual notice was served. The Court left title unresolved but directed compensation under the 2013 Act, with an opportunity to object and payment held in an FDR until the title dispute is decided.
Issues
- Was the acquisition of Khasra No. 673 valid when it was omitted from the public notice and no individual notice was served?
- What compensation and procedural steps should follow given that the acquisition remained pending when the 2013 Act came into force?
Provisions considered
- Sections 28, 29 and 30, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965The Act requires pre-acquisition notice for land in a proposed scheme and allows affected persons to object. Neither the public notice nor individual service covered Khasra No. 673, so its tenure-holders lacked an opportunity to object. (¶¶ 4, 5, 6, 8, 9, 12, 16, 17)
- Section 55, Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965Section 55 refers to acquisition and compensation under the Land Acquisition Act, 1894. Because that Act was repealed before this acquisition attained finality, the compensation reference was given effect through a deeming direction applying Section 24(1) of the 2013 Act. (¶¶ 7, 18, 19)
- Sections 15 and 24(1); Chapter II, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Compensation for this pending acquisition was directed to be assessed under Section 24(1). The authority must invite objections under Section 15, but the Court dispensed with the Chapter II Social Impact Assessment procedure in this case. (¶¶ 18, 19, 20)
Held
- Where Khasra No. 673 was missing from the public notice and no individual notice was served, the affected tenure-holders were denied an opportunity to object. The acquisition process for that plot was vitiated; the respondents were not, however, declared its owners because title remained disputed. (¶¶ 16, 17)
- Because the acquisition had not attained finality before the 2013 Act repealed the Land Acquisition Act, 1894, compensation under Section 55 of the 1965 Act was to be assessed under Section 24(1) of the 2013 Act. (¶¶ 18, 19)
- For this substantially developed scheme, the Government was directed to dispense with the Chapter II Social Impact Assessment procedure. The authority must notify the respondents and other claimants, allow objections under Section 15, and pass an award by 30 June 2024. (¶ 20)
- The award amount must remain in a renewable fixed deposit until title is resolved, and be released to the person found entitled within four weeks of that adjudication. The parties must maintain the land’s status quo until the award; after depositing compensation, the Board may use the land for the notified scheme or another lawful public purpose. (¶¶ 21, 22)
Result
Appeal disposed of with directions for objections, an award under Section 24(1) of the 2013 Act, deposit of the amount in an FDR until title is resolved, and maintenance of status quo until the award. No order as to costs.