Court Orders Restoration and Compensation for Illegal Temporary Acquisition of Govind Ghat Helipad
In a significant ruling, the Uttarakhand High Court has quashed the temporary acquisition orders of the Govind Ghat helipad by the State Government, citing gross violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The bench, presided over by Justice Ravindra Maithani, mandated the restoration of the helipad's control and possession to M/s Deccan Charters Pvt. Ltd., the petitioner, and ordered compensation for the period of illegal acquisition.
The court examined two writ petitions filed by M/s Deccan Charters Pvt. Ltd., challenging the temporary acquisition orders dated May 23, 2024, and June 27, 2025. The petitioner argued that the acquisitions were conducted without prior notice, violating Section 81(2) of the 2013 Act, which requires notifying the "person interested" of the intended acquisition.
The court acknowledged that the petitioner had been operating the helipad since 2011 and had lease agreements with the landowners, which, though unregistered post-March 2024, were valid for establishing possession. The judgment emphasized that the absence of a prior notice rendered the acquisitions unlawful, underscoring the necessity of adhering to statutory procedures even for temporary acquisitions.
Justice Maithani's ruling highlighted the violation of the principles of natural justice and the statutory rights of the petitioner. He noted that the acquisitions were executed without meeting the mandatory requirements of notice and reasonable response time outlined in the 2013 Act.
The court ordered the District Magistrate of Chamoli to return the helipad to the petitioner within 15 days and to compensate the petitioner based on the market rate, aligning with the helipad policy and landing charges rate list. This decision reinforces the legal framework ensuring fair compensation and due process in land acquisitions.
Bottom Line :
Temporary acquisition under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires prior notice to the "person interested." Acquisition without such notice is in gross violation of the Act. Unregistered lease deeds can be admitted for collateral purposes, such as determining possession.
Statutory provision(s): Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 81(2), Section 3(x); Constitution Of India, Article 226
M/s Deccan Charters Pvt. Ltd. v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2967138
