Court Allows Government to Evict Landowners, Dismisses Claims for Rehabilitation and Resettlement
In a significant ruling, the Madras High Court has upheld the Tamil Nadu government's decision to acquire land for the expansion of the Madurai Airport, dismissing petitions that sought to prevent eviction without rehabilitation and resettlement. The judgment, delivered by the division bench comprising Justices Dr. G. Jayachandran and K.K. Ramakrishnan, emphasized the government’s authority to evict occupants who have already received compensation.
The case involved land in Chinna Udaippu village, Madurai, where residents opposed eviction despite accepting compensation. The court ruled that under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, the government is entitled to take possession by force if necessary, underlining that public necessity surpasses private interests.
Petitioners, primarily from the scheduled caste community, had sought rehabilitation and resettlement, arguing entitlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. However, the court clarified that this Act only mandates compensation and not rehabilitation for proceedings initiated before its enactment. Moreover, the court dismissed the applicability of Section 24 of the Central Act, which petitioners cited to claim additional benefits.
The government offered a rehabilitation package of 2 cents of land and a constructed house, which the court found adequate. The petitioners' demand for agricultural land was deemed unjustified. The judgment directed petitioners to vacate within two weeks or face eviction by force.
This ruling facilitates the long-delayed airport expansion project, crucial for establishing an international airport in Madurai. The court stressed that the project’s public benefits outweigh the petitioners’ claims, invoking legal principles that prioritize public necessity.
The court also dismissed a related petition seeking the release of land under Section 101 of the Central Act, affirming the land’s utilization and compensation payment.
Bottom Line:
Land acquisition for public purpose - Government entitled to evict occupants of acquired land even by use of force when occupants refuse to vacate despite receiving compensation.
Statutory provision(s): Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 Sections 4(2), 4(3), 10; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24, Section 101
P.Malairajan v. Government of Tamilnadu, (Madras)(Madurai Bench)(DB) : Law Finder Doc id # 2859987
