Court Upholds Section 4 Notification; Urgency Clause Under Section 17 Not Justified
In a significant decision, the Telangana High Court has quashed the declaration under Section 6 of the Land Acquisition Act, 1894, concerning lands in Karimnagar District intended for a resettlement zone under the Mid Manair Reservoir Project. The court found that the urgency provisions invoked were not justified, leading to the deprivation of the statutory right of the landowners to participate in the enquiry under Section 5-A.
Presided over by Justice Vakiti Ramakrishna Reddy, the court addressed the concerns of Kusa Lachi Reddy and other petitioners who challenged the acquisition process, arguing that they were denied the opportunity to file objections due to the invocation of urgency provisions under Section 17. The petitioners claimed that the acquisition was unnecessary and that alternative lands were available.
The court's order highlighted the failure of the respondents to establish a valid exercise of power under Section 17(4) to dispense with the enquiry under Section 5-A. It was noted that the Gazette notification did record the invocation of urgency powers under Section 17(1) and (2), contradicting the respondents' assertion that no urgency clause was invoked.
However, the court upheld the notification under Section 4(1), noting that the public purpose of forming a resettlement zone was not found to be non-existent. This allows for the possibility of re-initiating acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, should the lands still be required.
The judgment also addressed the impact of the interim status quo order dated December 9, 2009, which was extended over time, and its exclusion from the computation of the five-year period under Section 24(2) of the 2013 Act, following the Supreme Court's decision in the Indore Development Authority case.
Bottom Line :
Land Acquisition Act, 1894 - Declaration under Section 6 quashed due to failure to establish lawful dispensation of enquiry under Section 5-A - Notification under Section 4(1) not interfered with.
Statutory provision(s): Land Acquisition Act, 1894 Sections 4(1), 5A, 6, 17; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 24
