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RAJA VIJAYARAGHAVAN V.
Unaisa – Appellant
Versus
District Collector, Ernakulam District – Respondent
JUDGMENT :
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act 30 of 2013”) was enacted by the Parliament to ensure a humane, participative, informed and transparent process for land acquisition when the mighty state exercises its powers under eminent domain for furthering infrastructural development and urbanisation. An examination of the various provisions of the Act would reveal that much emphasis has been given to ensure that least disturbance is caused to the owners of the land affected by such acquisition and to other affected families and they are provided a just and fair compensation. The legislature also intended that there should be sufficient measures to provide rehabilitation and resettlement to the affected families. The Parliament wanted to ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their social and economic status post acquisition.
2. The grievance raised by the pe
Section 108 of Act 30 of 2013 gives an option to the affected families to avail better compensation and rehabilitation and resettlement.
Occupying government land with permission via a license does not classify one as an encroacher, entitling them to compensation under the Right to Fair Compensation Act.
Denial of rehabilitation and resettlement compensation under RFCTLARR Act was improper as it did not confirm eligibility despite prior compensation under the NH Act.
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
The court emphasized that past compensation does not preclude a party from claiming separate rehabilitation and resettlement compensation under the RFCTLARR Act, necessitating explicit evaluation of ....
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