Land acquired for public projects cannot be reclaimed by owners: HC
A division bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, made these observations while hearing a writ appeal challenging an earlier order of the court dismissing the land owner's request to hand over the unutilised land in connection with land acquired in Datarpalli village, Gajwel of Siddipet district for the Pranahitha Chevella irrigation project.
The judges said they did not find any error in the earlier high court judgement, and in the absence of any provisions in the Act as urged by the petitioner, they cannot entertain such an appeal.
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The high court had in Oct 2024 dismissed a petition filed by Andalu, whose 1.08 acre land was acquired in 2012 for the Pranahitha-Chevella project. She contended that only 18 guntas of the land was used and sought the return of the unused 30 guntas, offering to pay for it.
The court held that the land was acquired under the Land Acquisition Act, 1894, which does not contain any provision for the return of unutilised land, unlike the 2013 (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement) Act. Since the acquisition was completed before the 2013 Act came into force, and compensation was already paid and possession taken, the petitioner could not claim the land back, the court said.
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