Friday, February 25, 2022

Land Acquisition - Once a project of public importance, which is good in larger public interest, is being executed and has been completed about 45%, setting aside of acquisition in a petition filed by one of the land owners owning a small portion of the land , will not be in larger public interest.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 11 - Acquisition of land - Public importance Rehabilitation thereof Held, that once a project of public importance, which is good in larger public interest, is being executed and has been completed about 45%, setting aside of acquisition in a petition filed by one of the land owners owning a small portion of the land, will not be in larger public interest - It is not the stage where alignment of over-bridge can be changed which otherwise could not have been possible as the railway over-bridge will be connecting the existing roads on both the sides Private interest has to give way to the larger public interest - Even if there are some small discrepancies in the process of acquisition, in our opinion in the facts of the present case, the acquisition does not deserve to be set aside as otherwise the project will be delayed which will cause loss to the State besides suffering to the residents of the area, who may be deprived of using the railway over-bridge on account of delayed completion of the project - In any case, the petitioner will be duly compensated for the land owned by her.

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