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Vinod Kumar v. State of Haryana & Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 973-974 of 2014)Decided 28 Jan 2014
Civil Appeal Nos. 973-974 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice V. Gopala Gowda

Background

Haryana sought Vinod Kumar's land for residential and commercial development in Faridabad. He objected because a substantial residence already stood on it, and the Land Acquisition Collector recommended that it not be acquired. The Government nevertheless proceeded without explaining its departure from that recommendation, while nearby land had received different treatment.

Decision Breakdown

The Supreme Court allowed Kumar's appeals and quashed the acquisition notifications insofar as they concerned his land. The statutory objection process required the Government to consider the Collector's report meaningfully, rather than treat the hearing as a formality. A contrary decision required appropriate reasons, which were absent here. The Court held that this failure violated the owner's Section 5A protection and tainted the acquisition, and set aside the High Court's orders.

Lesson Learnt

A landowner's statutory opportunity to object to acquisition must lead to genuine consideration. The Government need not invariably accept a favourable Collector's recommendation, but it must give appropriate reasons when rejecting it.

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

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