Back
SUPREME COURT OF INDIA
Kurian Joseph, R. Banumathi, JJ.
Surat Municipal Corporation – Petitioners
Versus
The State of Gujarat & Ors. – Respondents
Civil Appeal No. 8758 of 2017 (@ Special Leave Petition (C) No. 25385 of 2014)
Decided On : 10-07-2017
Land Acquisition - Sewage Treatment Plant - Rehabilitation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Fact of the Case:
The issue pertains to the steps taken for acquisition of land for the purpose of a Sewage Treatment Plant. The Surat Municipal Corporation was directed to file an affidavit detailing the benefits in terms of compensation and rehabilitation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Finding of the Court:
The Court found that the respondent was interested in rehabilitation by allotment of a residential plot, and it was ordered that the respondent shall be allotted an appropriate residential plot in any scheme before making any allotment of any residential plot. It was also clarified that in view of the rehabilitation measure, no monetary compensation need be paid to the respondent.
Issues: The main issue was the rehabilitation of the respondent under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Ratio Decidendi: The Court's decision was influenced by the need for rehabilitation of the respondent by allotment of a residential plot, as per the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision: The appeal was disposed of, and it was clarified that no monetary compensation need be paid to the respondent. Pending applications were also disposed of, and there were no orders as to costs.
JUDGMENT :
Kurian Josepha, J.
Leave granted.
2. The issue pertains to the steps taken for acquisition of land for the purpose of a Sewage Treatment Plant.
3. On 17.04.2017, this Court passed the following order:-
"The Surat Municipal Corporation is directed to file an affidavit as to what are the actual benefits in terms of compensation and rehabilitation, which can be extended to the party-respondents in terms of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In the affidavit, it shall be specifically mentioned the details of the plots available so as to accommodate the party-respondents under the Rehabilitation Scheme.
Post on 08.05.2017."
4. Learned Solicitor General of India, appearing for the petitioner/Surat Municipal Corporation has submitted that compensation in terms of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has already been computed. We do not propose to go to the sufficiency or insufficiency of the compensation computed by the Corporation. The State of Gujarat is already on the party array. All that the respondent No.3 is interested is to have a rehabilitation by allotment of a residential plot. As and when allotments are made and before making any allotment of any residential plot in any scheme, Respondent No.3/Babubhai Kanjibhai Patel, whose land is sought to be taken over for the purpose of Sewage Treatment Plant shall be allotted an appropriate and convenient residential plot.
5. Needless to say that in view of such rehabilitation measure no monetary compensation need be paid to Respondent No.3/Babubhai Kanjibhai Patel.
6. We also make it clear that this order is passed in the peculiar facts of this case.
7. The appeal is, accordingly, disposed of.
8. Pending applications, if any, shall stand disposed of.
9. There shall be no orders as to costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
