SC upholds high court order in UP land acquisition case

New Delhi, Dec 29 | Updated: Dec 30 2006, 05:49am hrs
The Supreme Court has upheld the Allahabad High Courts verdict that government cannot acquire land without addressing the concerns and objections of the affected parties. The matter pertains to acquisition of around 900 acres in Uttar Pradesh adjacent to Dadri-Noida main road.

The preliminary notification under Section 4 of Land Acquisition Act was issued on August 25, 1981 for acquiring land in village Habibpur for a public purpose. By the notification itself, an inquiry under the Act was dispensed with and thereafter a final declaration under Section 6 was issued and the land was acquired within a month without addressing the objections of the land owners.

Section 5-A of the Act directs the government to give 30 days to the aggrieved parties to raise their claims and objections against the acquisition.

The aggrieved parties filed a writ petition in the High Court, which quashed the notification and held it was invalid. "Notification without affording opportunity to the petitioner to file objection and without inquiry under section 5A of the Act, is invalid. The decision to obviate the inquiry under the provision was wholly without authority of law," the High Court said.