Supreme Court clears way for connecting road to National Highways in Delhi [Read Judgment]

NEW DELHI: The Supreme Court has set aside the Delhi High Court's judgement which declared acquisition of land being utilised for a connecting road to the national highways as having lapsed, noting that the said project is of great public importance and has to be completed before August 15, 2023 in light of Amrit Mahotsav (75 years of Independence).

A bench of Justices Abhay S Oka and Rajesh Bindal also recorded that this will help in de-congestion of Delhi and provide better connectivity to the public. The court also noted writ petitioners Anita Singh and others were admittedly not the owners of the land at the time of acquisition or passing of award by the land acquisition collector.

It allowed an appeal filed by the Delhi Development Authority against the High Court's judgement of August 22, 2017.

The High Court had then opined the the acquisition in question has lapsed as the petitioners invoked Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, since neither the compensation has been paid to them nor the possession of the land had been taken by the acquiring authority.

The authorities, on their part, contended except three biswas of land on which certain structure had been build up, since the petitioners were not the recorded owner of the land, the compensation was deposited with the reference court.

The bench recorded a submission by the Delhi Development Authority that the land is being utilised by the Government for construction of 100 Meter wide Road, under Planned Development of Delhi.

"The land is required for UER-II, which is connecting NH-1, NH-10 and NH-8 further connecting it to NH-2. The said project is of great public importance and has to be completed before August 15, 2023 in light of Amrit Mahotsav (75 years of Independence). This will help in de-congestion of Delhi and provide better connectivity to the public," it said.

The top court also relied upon the landmark Constitution bench judgement in the case Indore Development Authority (2020) which stated that after the acquisition of land and passing of award, the land vests in the State free from all encumbrances.

"The vesting of land with the State is with possession. Any person retaining the possession thereafter has to be treated trespasser. When large chunk of land is acquired, the State is not supposed to put some person or police force to retain the possession and start cultivating on the land till it is utilized. The Government is also not supposed to start residing or physically occupying the same once process of the acquisition is complete," the bench quoted the judgement.

[Read Judgment]