HC quashes G.O for acquiring land to rehabilitate those who parted with land for IAF project

The Madras High Court on Friday quashed a Government Order issued for acquiring land of three individuals for rehabilitating another group of people whose land had been taken for expansion of an Indian Air Force station in Thanjavur.

Allowing the plea of the three, Justice J Nisha Banu said the question that arises is whether the property of some persons can be alienated compulsorily for the purpose of accommodating and rehabilitating another set of persons.

The very objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was to achieve humane, participative, informed and transparent process of land acquisition with the least disturbance to the owners.

Therefore it follows that rehabilitation need not be necessarily done by disturbing more land owners. In the event rehabilitation is proposed in the land acquisition for the project, it is imperative that equity is ensured for all the land users in the process, the Judge said.

The Act did not contemplate displacing one set of people for rehabilitation of another set of people, Justice Banu said and directed the authorities to release forthwith the land of the petitioners from the process of acquisition.

The petitioners submitted that there was no problem in acquiring land for expansion of the air field of the station for strategic purpose. But acquisition of land for rehabilitating of the displaced people could not be done by invoking urgent clause.