Land Acquisition Act| When State Has Acquired Land, It Vests In It; Any Person Retaining Possession After That Is Trespasser: SC

The Supreme Court has set aside the order passed by the High Court with regard to the Delhi-Saharanpur-Dehradun highway construction holding that when the State has acquired the land and award has been passed, the land vests in the State and any person retaining possession after that is a trespasser. The Court further noted that even if the land was lying vacant, is now required for the project of national importance.

The two-Judge Bench of Justice Abhay S. Oka and Justice Rajesh Bindal said, "When the State has acquired the land and award has been passed, land vests in the State Government free from all encumbrances. The act of vesting of the land in the State is with possession, any person retaining the possession, thereafter, has to be treated as trespasser and has no right to possess the land which vests in the State free from all encumbrances. ... As has been observed in Indore Development Authority’s case (supra) by this Court, the State agencies are not supposed to put police force to protect possession of the land taken after process of acquisition is complete. As far as the case in hand is concerned, the land even if was lying vacant, is required now for a project of national importance for construction of the Delhi Saharanpur-Dehradun Highway starting from Akshardham Junction to Delhi/UP Border, in the State of Delhi in Phase-I of Bharatmala Pariyojana.”

The Bench asserted that a large chunk of land is acquired for planned development to take care of immediate need and also keep buffer for future requirements and that such a portion of land may be lying vacant also.

Advocates Atul Kumar and Sweety Singh appeared for the appellants while Advocates Rakesh Kumar and Manika Tripathy appeared for the respondents.

In this case, the appellants had challenged the order of the Delhi High Court whereby it allowed the writ petition filed by the respondents holding that in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition in respect to the land in dispute, had lapsed. A notification was issued under Section 4 of the Land Acquisition Act, 1894 via which a large chunk of the land including situated in revenue estate of village Ghonda, Chauhan Khadar, New Delhi was sought to be acquired for planned development of Delhi.

The Supreme Court in view of the facts and circumstances of the case observed, “… the possession of the land was taken over by the Land Acquisition Collector and handed over to Delhi Development Authority. … Hence, one of the conditions being satisfied, we need not examine any other argument.”

The Court, therefore, said that the order passed by the High Court cannot be legally sustained, however, the respondents shall be entitled to receive compensation as per their entitlement and the Land Acquisition Officer should also take steps to pay the same to the rightful owner.

Accordingly, the Apex Court disposed of the appeal and set aside the order of the High Court.

Cause Title- Land and Building Department through Secretary & Anr. v. Attro Devi & Ors.

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