Bulletin Board

The court observes that the sale of smaller pieces of land can be taken as an example for determining compensation in case of land acquisition. The Court referred to the case of Mehrawal Khewaji Trust v. State of Punjab (2012) to reason that since the person whose land is acquired is entitled to receive the highest value of compensation based on the value fetched by the similar pieces of land adjacent to the acquired land, therefore, there would not be a legal impediment to take into consideration the sale value of the smaller pieces of land. Reference was drawn to the case of Sh. Himmat Singh v. State of M.P. (2013) where the court opined that when there exist multiple sale deeds then the courts should rely on the highest valued exemplars.

The Supreme Court criticised the State of Himachal Pradesh for failing to ensure the timely payment of additional compensation of Rs. 3,05,31,095 awarded to landowners for land acquired in 2008 for a cement project run by JAL(M/s Jaiprakash Associates Limited).

The Supreme Court took a significant step to protect private property from arbitrary state takeover for a “public purpose”, holding that compulsory acquisition without following mandatory procedures followed by a grant of compensation to the owners will not make the accession constitutional. The judgement noted that though the 44th Constitutional Amendment omitted the right to property as a fundamental right, Article 300A, which was simultaneously inserted into the Constitution, provided that “no person shall be deprived of his property, save by authority of law”.

A person’s rights, even the history of liberty, have been safeguarded through the prescription and observance of mandatory procedures and processes of law. Procedure is an integral part of the ‘authority of law’ in Article 300A. The phrase ‘authority of law’ in the Article should not be understood as merely the power of eminent domain vested in the state. The requirement of a ‘law’ in Article 300A does not end with the mere presence of a legislation which empowers the state to deprive a person of his property, Justice Narasimha clarified.

The Bombay High Court held that in absence of any agreement with the development authority, the land can be acquired only under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) for the implementation of the regional plan of construction. The Court held thus in a writ petition filed by a Church seeking direction to the authorities to follow due process of law in taking over its land by following the provisions of RFCTLARR Act.

The Uttar Pradesh government is aggressively acquiring land for the Amritsar-Kolkata Industrial Corridor (AKIC) to make the state a key investment destination. AKIC, which comprises two nodes at Agra and Prayagraj districts, will span across 20 cities in seven states like Punjab, Haryana, UP, Uttarakhand, Bihar, Jharkhand, and West Bengal. The corridor encompasses one of the most densely populated regions in the world and supports nearly 40 per cent of India’s population inhabiting comparatively economically weaker districts.

Farmers in Eteda village confront GNIDA officials during an anti-encroachment drive. A farmer and a GNIDA official were injured. The drive aimed to reclaim 1.7 hectares of land acquired 15 years ago.

The Delhi government had initiated the land acquisition process under the Land Acquisition Act, 1894, for the planned development of the national capital. The beneficiaries of such acquisition processes were various state entities such as the DDA, DSIIDC and the DMRC, who needed land for different projects like housing schemes, industrial areas, flyovers and Delhi Metro. After hearing arguments on a batch of hundreds of petitions, a bench passed the verdict setting aside a Delhi High Court order, which had declared the acquisition proceedings to have lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

The Supreme Court, while deciding a civil appeal, has (on May 13) expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land.

The land acquisition process for national highway (NH) construction and to reduce unnecessary expenses, the Ministry of Road Transport and Highways (MoRTH) has proposed a series of amendments to the National Highways Act, 1956. One of the key amendments is the introduction of a new clause in Section 3D, which deals with the declaration of land acquisition by the central government. Under this proposed clause, land that has been acquired but remains unused for five years or where a highway project becomes unfeasible within the same time frame will be eligible to be returned to the original owner or their legal heirs. This move is expected to not only prevent the accumulation of surplus land but also save government resources by returning unused land back to its rightful owners, who will be compensated for any damage cause

The Mizoram state legislative assembly has unanimously approved the adoption of ‘Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement,Act 2013.’ The decision follows Gauhati High Court’s ruling that rendered the state’s own acquisition law enacted in 2016, inapplicable. With several pending land acquisition cases the state needed a valid legal framework. Due to special constitutional provisions under Article 371G, central laws related to land ownership and transfer require formal resolution from the state for implementation in Mizoram.

The Supreme Court of India has delivered a landmark judgment on land acquisition, ruling that no landowner can be evicted from their property if compensation is delayed. This decision has been widely hailed as a historic win for landowners, reinforcing the importance of property rights and fair compensation in India.

The Madras High Court has set aside a notice issued by Chennai Metro Rail Limited (CMRL) to acquire property belonging to United India Insurance for the construction of a metro station under Phase-II of the project. The court ruled that CMRL could proceed with its original plan of acquiring land from a nearby temple instead. Justice Anand Venkatesh, borrowing from a Kerala High Court judgment, remarked that the Almighty would show kindness and benevolence toward the development of the metro station, benefiting lakhs of people

The Telangana High Court has suspended part of a Notification, issued to acquire land for setting up a Multiple purpose Industrial Park in Vikharabad District after certain land owners moved the court contending that the study for Determination of Social Impact and Public Purpose under the Land Acquisition Act could not be dispensed with.

The Bombay High Court has cancelled the land acquisition process for the Navi Mumbai international airport project, citing procedural irregularities and non-compliance with mandatory legal provisions.

The ambitious Ahilya Path project, covering approximately 3,000 acres of land, is awaiting final approval from the state government. Three months ago, the Indore Development Authority (IDA) proposed five major land development projects under this initiative, but the approval process was stalled, with no updates from Bhopal on clearance or modifications. With just two to three months left before the official deadline, there is mounting concern growing over the delay. These five projects, once approved, will pave the way for a 15 kilometre long and 75 metre wide Ahilya Path.

Civil Judge Senior Division Kishtwar, Mahmud Anwar Alnasir has restrained Commissioner Secretary, J&K PW(R&B) Department and six other defendants, including DC Kishtwar and ADC Collector Land Acquisition Kishtwar, through a temporary injunction, from going ahead with any kind of construction or activity in a suit property in Moza Loundri of tehsil Drabshalla, without following due process of law. The Civil Judge has ordered the defendants to follow due process of law as envisaged in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013.

The Bangalore Development Authority (BDA) has formed nine separate teams to acquire approximately 1,800 acres of land needed for laying a 52-km Peripheral Ring Road (PRR) connecting Hosur Road and Mysore Road through Bannerghatta and Kanakapura.

The proposed road – which will run parallel to the NICE corridor while maintaining a minimum distance of about 4 km – is expected to form a complete ring around the city, as it will connect the 74-km Bengaluru Business Corridor (BBC). Notably, the BDA in its board meeting in October 2011 had cancelled the project. The authority, however, appointed nine KAS officers as Special Land Acquisition Officers (SLOs), with the responsibility of acquiring land spread across 53 villages in Kengeri, Begur, Yeshwantpur, Dasanapura, Jigani and Uttarahalli hoblis. The proposed road falls under the jurisdiction of Bengaluru South, Anekal, and Bengaluru North taluks.

In a written reply to the Rajya Sabha, the Minister of State for New and Renewable Energy said 18 solar parks have been developed in the country as of December 31, 2024. "The major challenges for development of solar parks are acquisition of large tracts of land and timely development of transmission systems. Land being a state subject, the land-related challenges are taken up with the state governments," he said.

The states have also been requested to identify suitable government land for the installation of renewable energy (RE) projects.

Four persons have been arrested for allegedly misappropriating Rs 74.5 lakh compensation meant for 10 tribals whose lands have been acquired for the Mumbai-Vadodara highway in Maharashtra’s Thane district. A fraud case has been filed at the Badlapur Kulgaon police station against seven individuals, with four currently in custody and three being pursued.

The Kerala state government has formally strengthened the framework for negotiated land purchases, allowing land owners to sell their property voluntarily to the government through negotiations under the Indian Contract Act, 1872, for public purposes.

This raises concern about whether this shift towards negotiated purchase which bypasses key procedures of RFCTLARR 2013 Act (such as social impact assessments and public hearings), adequately protects the rights of affected people and ensures fair compensation, as well as proper assessment of project’s impact. Earlier such deals were rare due to absence of strong legal framework and substantial compensation ensured by the LARR Act, which ensured landowners don’t feel shortchanged. Unlike the conventional LARR process, this policy allows direct agreements between the govt and landowners. The new system aims to expedite public infrastructure projects while offering landowners an alternative that avoids bureaucratic hurdles.

The Supreme Court has taken exception to the Karnataka High Court's division bench allowing the Bangalore Development Authority (BDA) to go ahead with acquisition of land of an aggrieved landowner in Arkavathy layout, without giving him an opportunity to contest the claim by the land development agency.

Holding it as violation of principles of natural justice, a bench of Justices B R Gavai and K Vinod Chandran set aside the High Court's division bench order of September 27, 2019 which allowed the BDA to acquire the particular land.

The Andhra Pradesh government has released details on the acquisition of 99.8 acres of land for the Visakhapatnam Metro Rail Project.Of this, almost nine acres are in private hands, and the rest is owned by different central and state government departments and institutions. A committee has been formed by Visakhapatnam district authorities to determine the exact land parcels needed for the project.

The principal bench of the National Green Tribunal (NGT) has directed the Punjab state authorities to make all possible efforts to acquire land for ensuring compliance with plantation guidelines for the Sirhind-Patiala road widening project. The tribunal has also asked the state and other respondents to submit an affidavit explaining why land cannot be acquired for compensatory afforestation within a 10-km radius of the project site.

According to the petitioners, despite acquiring forest land and commencing tree felling for the widening of the Sirhind-Patiala Road, the Public Works Department (PWD) and Forest Department have failed to make provisions for mandatory plantation within the prescribed limits. The state allegedly plans to carry out compensatory afforestation in Ropar and Hoshiarpur—80 km and 120 km away from the project site—rather than within the required 10-km range.