SC Upholds Land Acquisitions for Public Infrastructure by Delhi Authorities Between 1957-2006

In a landmark decision, the Supreme Court of India has upheld the land acquisition conducted between 1957 and 2006 by 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 various public infrastructure projects. This ruling, delivered by a bench comprising Justices Suryakant, Dipankar Datta, and Ujjal Bhuyan, reverses a previous Delhi High Court order which had declared these acquisitions to have lapsed under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

Historical Context and Acquisition Process

The land acquisition process was initiated by the Delhi Government under the Land Acquisition Act of 1894 to support the planned development of the national capital. The beneficiaries of this extensive acquisition included state entities like the DDA, DSIIDC, and DMRC, which required land for housing schemes, industrial areas, flyovers, and the Delhi Metro. Over this extensive period, numerous notifications were issued under Sections 4 and 6 of the 1894 Act, with compensation awards passed under Section 11.

Supreme Court’s Ruling

In its comprehensive 113-page judgment, the Supreme Court bench expounded on the importance of these acquisitions for public interest. The court underscored that rejecting the petitions filed by government authorities based on delays would severely hamper public interest and ongoing development projects. It highlighted that many projects had already taken possession of the land or had compensated the original landowners.

The bench stated, “All such civil appeals are accordingly allowed, the impugned judgment of the high court in each case is set aside, and the acquisition of the respondents’ lands under the 1894 Act is consequently upheld.” This ruling acknowledges the public utility of the acquisitions, noting the detrimental impact that negating these processes would have on public infrastructure projects such as hospitals, schools, and the metro expansion.

Public Interest and Practical Challenges

The Supreme Court noted the practical difficulties and significant public interest considerations involved in reversing these long-completed acquisitions. It pointed out that rescinding these acquisitions could lead to the unravelling of established projects, which would be logistically and financially impractical. The judgment emphasized that public infrastructure projects, some of which are already operational or under construction, must proceed without disruption.

Furthermore, the bench highlighted the problem of reversing compensation payments or reclaiming possession, especially in cases where land has been actively used for public benefit. The court noted that such actions would cause substantial public inconvenience and financial loss to the exchequer.

Future Compensation

The Supreme Court’s verdict also provided a clear directive regarding compensation. It stipulated that landowners are still entitled to recover unpaid compensation along with interest and statutory benefits under the 1894 Act. Additionally, the Government of NCT of Delhi and its authorities were directed to take physical possession of lands under the category ‘List-E.2’, if not already done, and to continue public infrastructure projects without hindrance.

Conclusion

This ruling by the Supreme Court underscores the balance between legal procedures and public interest, highlighting the importance of continuity in essential public infrastructure projects. By upholding these acquisitions, the court has ensured that ongoing and planned developments can proceed, thereby supporting the broader goals of urban development and public welfare.

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