Entire acquired land, not just a tract, can be denotified: HC
Tribune News Service
Chandigarh, October 7
The Punjab and Haryana High Court has ruled that discretionary power vested in the state to de-notify land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act can be exercised for the “entire acquired land” and not just a tract of land. An individual landowner does not have the right to seek de-notification of his tract of land.
The Bench of Justice Daya Chaudhary and Justice Meenakshi I Mehta was interpreting the provisions of Section 101-A of the Act inserted vide Haryana Act number 21 of 2018.
It held that Section 101-A was an “enabling provision” empowering and giving discretion to the state government to de-notify land acquired for public purpose under Land Acquisition Act, 1894. It was applicable if the public purpose for which the land was acquired became unviable or non-essential.
“When at once it is clear that the power is discretionary and does not confer any corresponding legal right upon the individual right owner, the same is, thus, outside the purview of the jurisdiction of this court. The grant of such a liberty would mean commending the government to consider the case under Section 101-A of the Act, which is though only an enabling provision that too de-notifying the entire acquired land and not just a parcel of land…,” the Bench added.
