SC says land acquisition for "public purpose" is justified
Amidst the debate over acquisition of agricultural lands for industrial units or special economic zones (SEZs), the Supreme Court has held that the Government as a "sovereign power can acquire land for public purpose."
By PTI |
NEW DELHI: Amidst the debate over acquisition of agricultural lands for industrial units or special economic zones (SEZs), the Supreme Court has held that the Government as a "sovereign power can acquire land for public purpose."
The "public purpose" could include "industrial and other infrastructural developmental needs for the common good of the citizens," a two-judge Bench of Justices C K Thakker and D K Jain said.
The Bench upheld the acquisition of vast tracts of agricultural and other lands by Andhra Pradesh Government in Ranga Reddy district adjoining Hyderabad city. Upholding the acquisition, the apex court said the State being a sovereign power under the doctrine of "Eminent Domain" as provided under the 1894 Land Acquisition has inherent rights to acquire land by paying suitable compensation to those displaced.
"Eminent domain" may be defined as the right or power of a sovereign state to take private property for public use without the owner's consent upon the payment of just compensation.
According to the apex court "Eminent domain" is thus inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for taking the lands.
"It means nothing more or less than an inherent political right, founded on a common necessity and interest of appropriating the property of individual members of the community to the great necessities and common good of the whole society," the apex court observed.
"Taking the facts in their entirety, we are of the view that the action of the State initiating acquisition proceedings for establishing and developing infrastructure project cannot be held contrary to law or objectionable," the apex court said while dismissing a batch of petitions filed by the aggrieved land owners.
The land owners have filed the appeal in Supreme Court after the State High Court has rejected their plea challenging the acquisition of their land.
The land owners have alleged that the acquisition was carried out with a mala fide intention to secure the benefits of a foreign company which was keen on developing certain infrastructural projects around the IT hub in the capital.
The appellant also claimed that they were small land holders and their only livelihood was dependant on their farm land.
However, the State Government and the Andhra Pradesh Industrial Infrastructure Corporation which acquired the lands said they had rightly acquired the land for developing infrastructural projects in the State to facilitate socio-economic progress.
Some of the projects have already taken shape and others are in various stages of development. It was submitted that time was a critical factor for implementation of these projects.
An Integrated Convention Centre Complex (ICCC) was sought to be developed by the State Government on the basis of "Public Private Partnership" (PPP) format, the Government claimed.
The "public purpose" could include "industrial and other infrastructural developmental needs for the common good of the citizens," a two-judge Bench of Justices C K Thakker and D K Jain said.
The Bench upheld the acquisition of vast tracts of agricultural and other lands by Andhra Pradesh Government in Ranga Reddy district adjoining Hyderabad city. Upholding the acquisition, the apex court said the State being a sovereign power under the doctrine of "Eminent Domain" as provided under the 1894 Land Acquisition has inherent rights to acquire land by paying suitable compensation to those displaced.
"Eminent domain" may be defined as the right or power of a sovereign state to take private property for public use without the owner's consent upon the payment of just compensation.
According to the apex court "Eminent domain" is thus inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for taking the lands.
"It means nothing more or less than an inherent political right, founded on a common necessity and interest of appropriating the property of individual members of the community to the great necessities and common good of the whole society," the apex court observed.
"Taking the facts in their entirety, we are of the view that the action of the State initiating acquisition proceedings for establishing and developing infrastructure project cannot be held contrary to law or objectionable," the apex court said while dismissing a batch of petitions filed by the aggrieved land owners.
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The land owners have filed the appeal in Supreme Court after the State High Court has rejected their plea challenging the acquisition of their land.
The land owners have alleged that the acquisition was carried out with a mala fide intention to secure the benefits of a foreign company which was keen on developing certain infrastructural projects around the IT hub in the capital.
The appellant also claimed that they were small land holders and their only livelihood was dependant on their farm land.
However, the State Government and the Andhra Pradesh Industrial Infrastructure Corporation which acquired the lands said they had rightly acquired the land for developing infrastructural projects in the State to facilitate socio-economic progress.
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According to the Government, land in various villages of Ranga Reddy District in the periphery of Hyderabad were required for the development of special projects. These projects included Software-related project, Indian School of Business, Indian Institute of Information Technology, Hitech City, National Games Village, Sports Stadia, Integrated International Convention Centre, Golf Course, Financial District etc.Some of the projects have already taken shape and others are in various stages of development. It was submitted that time was a critical factor for implementation of these projects.
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The State has undertaken such projects under the name of "Establishment of Hyderabad as Business-cum-Liaison Destination" with the purported goal of transforming it into a world class business destination, to be the leader in knowledge sector. An Integrated Convention Centre Complex (ICCC) was sought to be developed by the State Government on the basis of "Public Private Partnership" (PPP) format, the Government claimed.
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