Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Sections 7, 8, 11 – Procedural Compliance – Public Purpose – Constitutional Property Rights – Article 300A.
2025 KER 47316 : 2025 KLT OnLine 2212
High Court of Kerala at Ernakulam
Before: Dr. Justice A.K. Jayasankaran Nambiar & Mr. Justice P.M. Manoj
Date: W.A. No. 227 of 2025; June 30, 2025
The appellants challenged the acquisition of their land for a railway overbridge, alleging non-compliance with procedural requirements under Sections 7 and 8 of the 2013 Act, particularly the lack of a proper social impact assessment and evaluation by the Expert Group, and failure to establish a legitimate public purpose given the existence of two nearby overbridges. The Single Judge upheld the acquisition, citing substantial compliance with the 2013 Act and public interest. On appeal, the Division Bench found merit in the appellants’ claim of procedural lapses, including the absence of local body representatives in the Expert Group and inadequate consideration of public purpose. However, considering the advanced stage of the acquisition, with awards passed and compensation disbursed to most affected landowners, the Court declined to set aside the proceedings. The appeal was dismissed, but the State was directed to pay Rs. 1,00,000 each to the appellants as litigation costs.
Held: The procedural safeguards under Sections 7 and 8 of the 2013 Act are mandatory to protect constitutional property rights under Article 300-A. Non-inclusion of local body representatives in the Expert Group and failure to adequately assess public purpose constitute procedural lapses. However, halting advanced acquisition proceedings may not serve public interest. Litigation costs awarded to appellants to address their efforts in highlighting procedural deficiencies.
Case Cited: Urban Improvement Trust, Bikaner v. Gordhhan Dass (D) through Lrs. & Ors. [MANU/SC/1175/2023]
For Petitioners : Advs. P.K. Suresh Kumar (Sr. Advocate), K.P. Sudheer & Anjali Menon
For Respondents : Advs. Binu Mathew, Justine Jacob & Sheeja Soman P.
K/124/1983 |
K/1364/1995 |
K/1295/2021 |
K/688/1999 |
K/1358/2003 |
K/1314/1995 |
