In a significant ruling, the Supreme Court has upheld the land acquisitions carried out between 1957 and 2006 by various Delhi government entities, paving the way for the completion of crucial infrastructure projects in the national capital. The acquisitions, conducted under the Land Acquisition Act of 1894, had been challenged by landowners.
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The verdict, delivered on May 17 by a bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, overturns a previous Delhi High Court order that had declared the acquisitions lapsed. The high court’s decision stemmed from the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, which introduced new provisions.
The apex court, however, accepted arguments emphasising the detrimental impact on public interest if the acquisitions were nullified due to delays in filing appeals. “The effect of non-condonation of delay would go beyond mere financial loss to the exchequer, and instead extend to the public at large,” the bench stated in its 113-page verdict.
The court recognised that many acquired lands were already being utilised for essential public services, including hospitals, schools, and metro expansion.
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Reversing the acquisitions would necessitate reclaiming disbursed compensation, potentially halting ongoing projects and causing significant disruption.
“Problematically, in many cases, the development projects might also have to be undone,” the court observed, highlighting the impracticality of such an undertaking.
Importantly, the Supreme Court clarified that its decision does not impede landowners from seeking rightful compensation, including interest and other statutory benefits as per the 1894 Act.
The court also addressed specific cases where allegations of fraud against landowners surfaced, directing the Delhi High Court to establish a dedicated bench for expeditious resolution. In situations where the government had neither taken possession nor provided compensation, the court granted a one-year extension for initiating fresh acquisition proceedings under the 2013 Act.
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This landmark judgment effectively paves the way for the Delhi Development Authority, Delhi State Industrial and Infrastructure Development Corporation, East Delhi Municipal Corporation, and the Delhi Metro Rail Corporation to proceed with their long-stalled projects.
