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State of Haryana and Others v. Vinod Oil and General Mills and Another

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 9098-9099 of 2014)Decided 23 Sept 2014
Civil Appeal Nos. 9098-9099 of 2014
Justice T.S. Thakur · Justice R. Banumathi

Background

An oil mill challenged Haryana's acquisition of two strips of its land for residential and commercial development in Hissar. The land had previously been released from acquisition, and the mill had permission to operate there. The High Court quashed the fresh acquisition, and the State appealed.

Decision Breakdown

The Supreme Court held that earlier release and permission for industrial use did not permanently prevent acquisition for a public purpose. It nevertheless preserved the cancellation of acquisition of the 19-marla corner strip, which contained the mill's office and laboratory and could be accommodated in the plan. It upheld the acquisition process for the other strip, measuring one kanal and eleven marlas, which obstructed development. Whether that second acquisition had subsequently lapsed under section 24(2) of the 2013 Act was sent back to the High Court to examine possession and compensation, with status quo maintained meanwhile.

Lesson Learnt

An earlier exemption from acquisition did not give this industrial owner permanent immunity. The effect on each strip and the unresolved possession-and-compensation questions mattered separately; the Court did not finally decide the claimed lapse of the second acquisition.

Official source (sci.gov.in)View Judgment (PDF)

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