Skip to main content

Posts

Showing posts with the label acquire

Mandatory procedures not followed in acquiring Singur land

The Supreme Court today quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”. Civil rights organizations, several of them backed by present chief minister Mamata Banerjee, had moved the apex court challenging the acquisition. The court was hearing a bunch of petitions challenging the quashing of Singur Land Acquisition Act brought in by the Mamata government by the Calcutta high court. Mamata government also became a petitioner later challenging quashing of the Act. A bench of justice V Gopala Gowda and justice Arun Mishra while pronouncing the judgment directed that the land be given back to farmers in 12 weeks. Though the Judges agreed on conclusion, differed on the question whether the land acquisition was  for public purpose or not . Justice Gowda, held that  the acquisition of land by taking it away from the farmers cultivati...

Landholder's right to fair share cannot be compromised

The Supreme Court has held that a landholder’s right to be fairly compensated for his land acquired by the government cannot be compromised as right to property has long been recognised a human right. A bench of Justices V Gopala Gowda and Amitava Roy said the government cannot undermine the land owner’s right by not granting fair compensation to them. The court said it is constitutional obligation to ensure that a land loser is adequately compensated. “The right to property having been elevated to the status of human rights, it is inherent in every individual, and thus has to be venerably acknowledged and can, by no means, be belittled or trivialised by adopting an unconcerned and nonchalant disposition by anyone, far less the state, after compulsorily acquiring his land by invoking an expropriatory legislative mechanism,” the bench said. Article referred: http://www.deccanherald.com/content/515900/sc-landholders-right-fair-share.html