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Time of India
08-05-2025
- Business
- Time of India
Compensation for land acquisition must be guided by equality, equity, justice: SC
NEW DELHI: The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify otherwise. The bench said it must caution against an "excessively positivist" approach in matters of land acquisition. "It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it said. The apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram district. The bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model Township. The determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it added. The bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness. "This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it said. The bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time. "Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it said. The bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 verdict. It upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre. "The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench said. It noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt". The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
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Business Standard
07-05-2025
- Business
- Business Standard
Land compensation must reflect equity, justice and fairness: Supreme Court
The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify otherwise. The bench said it must caution against an "excessively positivist" approach in matters of land acquisition. "It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it said. The apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram district. The bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model Township. The determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it added. The bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness. "This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it said. The bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time. "Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it said. The bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 verdict. It upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre. "The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench said. It noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt". The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
Time of India
07-05-2025
- Business
- Time of India
Compensation for land acquisition must be guided by equality, equity, justice: SC
GIF89a����!�,D; 5 5 Next Stay Playback speed 1x Normal Back 0.25x 0.5x 1x Normal 1.5x 2x 5 5 / Skip Ads by Live Events New Delhi: The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify bench said it must caution against an "excessively positivist" approach in matters of land acquisition."It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness."This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time."Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre."The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt".The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
Time of India
26-04-2025
- Politics
- Time of India
Haryana chief minister Nayab Singh Saini directs officials to build more check dams and ensure project quality.
Chandigarh: Haryana chief minister Nayab Singh Saini on Saturday directed forest officials to build as many check dams as possible across hilly forest areas to conserve water during the rainy season and help recharge groundwater. Saini, who was reviewing departmental projects linked to his govt's official announcements, said the initiative would not only meet the water needs of forest vegetation but also help stabilise the state's groundwater levels. Emphasising the importance of quality, Saini instructed officials to ensure that construction standards were not compromised. He also ordered inspections of existing check dams and called for repairs where necessary. During the review, which covered the home, revenue, environment, forest and wildlife, and transport departments, the CM also outlined broader environmental initiatives, instructing the officers that saplings be planted along roads during the upcoming monsoon season and maintained properly thereafter. He pushed for the creation of at least two 'Oxyvans' — green urban forests — in each district. Addressing river conservation, he passed down directions that sewage treatment plants (STPs) along the Ghaggar river be maintained, since any lapse allowing untreated water into the river would invite penalties against contractors. The CM stressed the need for completing projects within deadlines to avoid cost escalations. If delays occurred for legitimate reasons, he said, officers must document the causes formally on project files. In industrial areas, Saini said space must be reserved for fire brigade offices under the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) to ensure rapid emergency response. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like New Tech Is Replacing Traditional Air Conditioners in 2025 Chill Mate Read More Undo Calling for full transparency and honesty in administration, Saini reiterated that the govt's mission was to implement policies with the spirit of Antyodaya — prioritising timely delivery of services to the poorest sections of society. Chief secretary Anurag Rastogi, administrative secretaries, and senior officials from various departments attended the review meeting. Project reviews for the remaining departments are scheduled for April 29. MSID:: 120647833 413 |
