Temporary Acquisition of Land: Violation of Right to Property
Temporary Acquisition of Land: Violation of Right to Property
Supreme court in its recent judgment, Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas Corporation Ltd. & Others has held that temporary acquisition of land by government under the Land Acquisition Act 1894, for a number of years violates the right to property of land owners under Article 300A. ?The SC was deciding the case of temporary land acquisition by the government under section 35(1) of the said Act which was continuing for more than 26 years in favour of Oil and Natural Gas Corporation (ONGC)
To continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.
Section 35 (1): ?Temporary occupation of waste or arable land, procedure when difference as to compensation exists – Subject to the provisions of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.
In the present matter approximately 26 years had passed and still the land in question was under temporary acquisition in favour of the ONGC. The SC held that if the land was continued to be under temporary acquisition for number of years, meaning and purpose of temporary acquisition would lose its significance. Temporary acquisition could not be continued for approximately 20 to 25 years. The SC further held that if such land was under temporary acquisition and the same was being used by the ONGC for oil exploration, it could not have been utilised by the landowners to cultivate the same and/or to deal with the same in any manner. The SC held that to continue with the temporary acquisition for number of years would be arbitrary infringing the right to use the property which has been guaranteed under Article 300A of the Constitution of India.
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Similar provisions have been made with respect to temporary acquisition of land under section 81 of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. In our view, if any land owner is suffering due to overstaying of government against temporary acquisition, he can approach the courts to get the same vacated by filing appropriate proceedings.
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Monu Singla Advocate/Associate
Jain Law Offices?