SC Reserves Verdict on Ayodhya Housing Scheme Land Acquisition

The CSR Journal Magazine

The Supreme Court has reserved its judgement regarding a petition that challenges the acquisition of land for a residential housing scheme in Ayodhya. This decision comes after the Shri Saryu Nagar Vikas Samiti filed an appeal against an order issued on August 6 by the Lucknow bench of the Allahabad High Court.

The High Court had instructed the Uttar Pradesh Awas Evam Vikas Parishad to determine the compensation, rehabilitation, and resettlement benefits for the compulsory land acquisition under the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965.

The High Court’s directive aimed to ensure that the authority addressed these issues in accordance with the legal principles established in its judgement. It included provisions from the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The case has garnered attention due to its implications for landowners and development projects in the region.

Arguments Presented in Court

During the proceedings, a bench led by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, heard arguments from senior advocate Gopal Sankaranarayanan, representing the petitioner, and Additional Solicitor General Aishwarya Bhati, who represented the Uttar Pradesh government.

Sankaranarayanan contended that the authorities could not limit the benefits available to affected landowners solely to monetary compensation and rehabilitation, while neglecting other safeguards outlined in the 2013 Act. He emphasised that the Act includes provisions for social impact assessments, the utilisation of previously acquired land, and the acquisition of multi-crop agricultural land.

The bench noted the importance of social impact assessments but also cautioned that these should not hinder the state government’s development efforts. Additionally, the bench acknowledged the necessity of considering public interest in ongoing development projects.

Sankaranarayanan argued that the High Court’s ruling effectively curtailed the Samiti’s rights to compensation under the 2013 Act, despite the law offering broader protections for landowners. He highlighted that the distinction made in earlier judgements between acquisitions initiated prior to the 2013 Act and those that began afterward was pertinent to the current dispute.

Govt’s Response and Future Implications

In response, Bhati asserted that the authorities had provided, or were in the process of providing, all benefits mandated by the 2013 Act, including enhanced compensation and additional entitlements. She argued that the legal framework for acquisition should be viewed as a comprehensive system, with benefits under the central law extended to affected landowners.

Bhati maintained that with these benefits available, the dispute had largely become academic and should not impede the development plan. Furthermore, she described the project as part of a broader policy initiative aimed at the development of Ayodhya, which encompasses various components.

Bhati expressed willingness to present the complete development plan before the court and asserted that progress in a significant pilgrimage destination should not be hindered by the petitioners’ requests. The respondents in this case include the Uttar Pradesh Awas Evam Vikas Parishad, the Housing Commissioner, the Executive Engineer, the District Magistrate, and the Special Land Acquisition Officer.

The High Court had previously dismissed a series of petitions challenging the land acquisition for three housing and development schemes in Ayodhya, while directing the Parishad to determine compensation and rehabilitation benefits in accordance with its judgement. Following the hearings, the Supreme Court has reserved its verdict on this matter.

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