News: Can't direct state to decide owners' land pleas: Punjab & Haryana HC-08-10-2020
https://realty.economictimes.indiatimes.com/news/regulatory/cant-direct-state-to-decide-owners-land-pleas-punjab-haryana-hc/78548650
The bench, which disposed of two petitions filed by Karnal residents, had to decide whether liberty to approach the state government under Section 101A of the Act can be given to the land owner, whose land has been acquired by the state.
CHANDIGARH: The Punjab and Haryana high court has made it clear that it cannot issue directions to the state for deciding the representation by land owners to de-notify land under acquisition.
The high court division bench of Justice Daya Chaudhary and Justice Meenakhi I Mehta passed the order while interpreting Section 101A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which covers de-notification of land under acquisition.
The bench was of the view that it cannot issue writ of mandamus to the state to decide the representation of the landowners regarding de-notification of the parcel of land, as it will multiply litigations. It observed that the basis of mandamus is the existence of a right in the person concerned and a corresponding duty upon the respondents. The duty must be of public nature and not just a matter of discretion, held the high court.
The bench, which disposed of two petitions filed by Karnal residents, had to decide whether liberty to approach the state government under Section 101A of the Act can be given to the land owner, whose land has been acquired by the state.
“No doubt the said provision is an enabling provision for the state to exercise such power to de-notify the land but does not give any legal right to the land owner to approach the state government. When 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. Grant of such a liberty would mean commending the government to consider the case under Section 101A of the Act, 2013 which is though only an enabling provision that too de-notifying the entire acquired land and not just a parcel of land …,” the bench held.
Section 101A of the Act, 2013 was inserted in the Act by way of amendment in 2017. It is an enabling provision, whereby the state government has been vested a right to de-notify if the public purpose for which the land has been acquired under the Land Acquisition Act, 1894 has become unviable or non-essential and no right accrues in favour of land owner to represent the state to de-notify his/her land.
