The Supreme Court has upheld the land acquisitions made between 1957 and 2006 by various government bodies such as the Delhi Development Authority (DDA), Delhi State Industrial and Infrastructure Development Corporation (DSIIDC), East Delhi Municipal Corporation, and the Delhi Metro Rail Corporation (DMRC) for public infrastructure projects. These acquisitions were initiated under the Land Acquisition Act, 1894, to facilitate the planned development of the national capital.
In a verdict issued on May 17, a bench comprising justices Surya Kant, Dipankar Datta, and Ujjal Bhyan overturned a Delhi High Court ruling that had declared the acquisition proceedings null and void under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.
The Supreme Court's decision came after hearing arguments on numerous petitions challenging the High Court order. The bench emphasised that rejecting government petitions based on filing delays would harm public interest. It acknowledged that many of the acquisitions had been completed; with possession taken or compensation paid, and that undoing these projects would negatively impact the public.
The verdict clarified that landowners could still claim compensation if not already paid, along with interest and statutory benefits under the 1894 Act. The court directed the Government of NCT of Delhi and its authorities to take possession of lands falling under the specified category (List E-2) if not already done, and continue uninterrupted work on public infrastructure projects.
For cases where compensation had been deposited but not claimed by landowners or where possession had been contested, the court directed the Delhi High Court to investigate allegations of fraud and determine rightful titleholders. It extended the deadline for initiating fresh acquisition proceedings under the 2013 Act by a year, considering the unique circumstances.
In cases where government entities failed to take possession or provide compensation, the court exercised its powers under Article 142 of the Constitution to extend the time limit for initiating fresh acquisition proceedings, ensuring fairness and justice in these matters.
(Source: ET)
