NDLI: U.p. Avas Evam Vikas Parishad Vs. Chandra Shekhar and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Acquisition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Land Acquisition Act, 1894 (1 of 1894) Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (1 of 1966)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	UP Avas Evam Vikas Parishad Adhiniyam, 1965 – s. 29 – Issuance of pre-acquisition notice to tenure-holders – Requirement of – Public notice issued by the Board regarding Housing Scheme, however no notice served on respondents who claimed to be tenure holders but served in favour of other, who claims to be the tenure-holder – High Court quashed the acquisition in respect of Khasra on the ground that the respondent-tenure holders were not accorded opportunity to submit objections against the proposed acquisition in accordance with s. 29 resulting in denial of the valuable right of objections available to them, and non-observance thereto, vitiates the acquisition qua the plot – Correctness: Held: The 1965 Act mandates issuance of a pre-acquisition notice to such individuals whose land/property falls within the purview of the proposed Scheme – The Board, at best, could have claimed deemed or substantial compliance of audi alteram partem rule provided that Khasra of respondent was expressly notified in the public notice but those were conspicuously missing – No individual notices served on the respondents since they were not recorded as tenure-holders of the subject land immediately before the issuance of a notice u/s. 29 – In the absence of any public or individual notice proposing to acquire Khasra the respondents were denied an effective opportunity to submit objections to oppose the acquisition in question – Impugned judgment holding that the acquisition process qua the Khasra stands vitiated on account of non-compliance with the prescribed procedure, not interfered with – Furthermore, the tenure-holders/ owners of Khasra was still under the acquisition process when 2013 Act came into force, thus, entitled to be paid compensation in accordance with s. 24(1) of the 2013 Act – Appropriate Government to dispense with the procedure contemplated under Chapter II of the 2013 Act since the acquired land has already been utilized for the notified public purpose and would delay the assessment and payment of compensation to the true tenure holders – Prescribed Authority to accord an opportunity to submit objections u/s. 15 of the 2013 Act and, thereafter, pass an award as per s. 24(1) of the 2013 Act – Whosoever is found entitled to the compensation after the decision in the title suit, the appellant-Board would release the compensation to them within the stipulated period – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(1). [Paras 16, 17, 19-21]
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2024 INSC 210
Petitioner	U.p. Avas Evam Vikas Parishad
Respondent	Chandra Shekhar And Ors.
SCR	[2024] 3 S.C.R. 585
Judgement Date	2024-03-05
Case Number	3855

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