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Business Standard
a day ago
- Politics
- Business Standard
States should frame land-for-land policies in rarest of rare case: SC
The Supreme Court has cautioned states against their "land-for-land" policies and said such schemes should be floated in rarest of the rare cases. Press Trust of India New Delhi The Supreme Court has cautioned states against their "land-for-land" policies and said such schemes should be floated in rarest of the rare cases. A bench of Justices J B Pardiwala and R Mahadevan further said a plea of deprivation of right to livelihood under Article 21 of the Constitution to oppose the land acquisition by the state was unsustainable as it called the litigation pursued by Haryana as an eye opener" for all states. The bench was acting on a batch of pleas filed by the Estate Officer of Haryana Urban Development Authority and others challenging the Punjab and Haryana High Court's 2016 decision that upheld the trial court decrees favoring oustees. We have made ourselves very explicitly clear that in cases of land acquisition the plea of deprivation of right to livelihood under Article 21 of the Constitution is unsustainable, Justice Pardiwala said in a 88-page verdict on July 14. The high court held displaced landowners, whose land was acquired by Haryana authorities for public purposes, entitled to benefit under the 2016 Rehabilitation Policy and not the older, more concessional 1992 scheme. The verdict was critical of Haryana's very unusual policy on land acquisition. Under it, if the government acquires land for public purposes, it provides alternate plots of land to the oustees. The top court observed only in rarest of rare cases the government might consider floating any scheme for rehabilitation of the displaced persons over and above paying them compensation in terms of money. "At times the State Government with a view to appease its subjects float unnecessary schemes and ultimately land up in difficulties. It would unnecessarily give rise to a number of litigations. The classic example is the one at hand, it added. It is not necessary that in all cases over and above compensation in terms of money, rehabilitation of the property owners is a must, the bench noted. Any beneficial measures taken by the Government should be guided only by humanitarian considerations of fairness and equity towards the landowners, it said. The dispute traces back to the land acquired by the Haryana government in early 1990s. While compensation was awarded under the Land Acquisition Act, a parallel state policy promised rehabilitation plots to those displaced. However, the oustees failed to apply in the prescribed format or deposit the required earnest money in line with the 1992 policy terms. Most of the lawsuits were filed 14 to 20 years after acquisition, seeking mandatory injunction under Section 39 of the Specific Relief Act. Dealing with the issues, the bench said the oustees couldn't claim a legal right to plots at the 1992 rates and the 2016 policy, as revised in 2018, would apply. It said oustees were criticised for filing civil suits after unjustifiable delays of over a decade, well beyond the three-year period under the Limitation Act. Though the top court found the suits technically non-maintainable, it exercised equitable jurisdiction to extend the benefit of the 2016 policy. The respondents (oustees) are not entitled to claim as a matter of legal right relying on the decision of that they should be allotted plots as oustees only at the price as determined in the 1992 policy, it said. The bench observed oustees were entitled at the most to seek the benefit of the 2016 policy for the purpose of allotment of plots as oustees. The apex court then granted four weeks to all respondents to make an appropriate online application with deposit of the requisite amount in accordance with the policy of 2016. "If within a period of four weeks any of the respondents herein prefer any online application in accordance with the scheme of 2016 then in such circumstances the authority concerned shall look into the applications and process the same in accordance with the scheme of 2016, it said. The bench clarified it would be up to the authority to examine whether the oustees were eligible for the allotment of plots or not. We make it clear that there shall not be any further extension of time for the purpose of applying online with deposit of the requisite amount, it said. Observing some of oustees might be rustic and illiterate and unable to apply online, the top court allowed them to apply by preferring an appropriate application or otherwise addressed to the competent authority with the deposit of the requisite amount. The bench ordered Haryana and HUDA to ensure land grabbers or other miscreants didn't form a cartel to benefit from the allotment of plots.
New Indian Express
14-06-2025
- Politics
- New Indian Express
Stalin seeks rehabilitation for Madrasi Camp families
NEW DELHI: Tamil Nadu CM M.K. Stalin has written to Chief Minister Rekha Gupta, raising concern over the 'humanitarian crisis' caused by the demolition of the Madrasi Camp in Jangpura on June 1. The move displaced around 370 Tamil-origin families, many of whom had lived there for decades. DMK MP TR Baalu personally handed over the letter to Gupta on Friday. In the letter, Stalin said that while 189 families were allotted EWS flats in Narela as per the Delhi High Court's order, the homes remain unfit for occupation due to lack of basic amenities like water, sanitation, and power. No transport facilities have been provided, leaving workers—especially women—unemployed and over 150 Tamil-medium children without school access. He also pointed out that 181 families remain entirely homeless. Stalin urged the Delhi government to complete and hand over the flats, provide necessary infrastructure, and relax norms under the Slum & JJ Rehabilitation Policy to support the rest. He requested the immediate setting up of Tamil-medium education facilities and transport. Stalin expressed hope the Delhi administration would respond with compassion and reaffirmed TN's willingness to assist in the dignified rehabilitation of displaced families.
Time of India
13-06-2025
- Politics
- Time of India
370 Tamil families displaced after Jangpura demolition, MK Stalin writes to Delhi CM Rekha Gupta
CHENNAI: Tamil Nadu chief minister M K Stalin has written to Delhi chief minister Rekha Gupta highlighting a 'humanitarian crisis' following the demolition of the Madrasi Camp in Jangpura on June 1, which displaced 370 Tamil-origin families who have lived and worked in the capital for decades. In his letter, Stalin pointed out that although 189 families were found eligible for EWS flats in Narela as per Delhi High Court orders, the flats remain uninhabitable due to incomplete infrastructure — including water supply, sanitation, internal roads, drainage, and street lighting. With no dedicated transport to workplaces nearly 20km away and no arrangements for over 150 Tamil-medium school children, the displaced families continue to suffer, he said. The remaining 181 families have not been given any alternative housing and remain homeless, the letter noted. Stalin urged the Delhi government to complete infrastructure in the Narela housing pockets, relax eligibility norms under the Slum & JJ Rehabilitation Policy for the other displaced families, set up temporary Tamil-medium schooling, and offer vocational and livelihood support — particularly for women — to ensure dignified rehabilitation. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
New Indian Express
25-04-2025
- Politics
- New Indian Express
Kansbahal irrigation project: Odisha HC asks Government to pay compensation to displaced
CUTTACK: Expressing displeasure over the inordinate delay in disbursement of compensation to 339 families who were displaced by the Kansabahal Irrigation Project in Sundargarh district more than three decades ago, the Orissa High Court has directed the government to ensure its payment by May 13. A petition was filed by in 2021 by 12 persons, who were among the displaced families seeking direction to the authorities concerned to release the compensation amount with interest to the families belonging to Badanuagaon, Dungajhore, Ranipia and Maldihi villages in accordance with law within a stipulated period. The petition also sought direction to extend the benefits as per the Rehabilitation Policy formulated by the state irrigation department in 1990. Advocate Sanjeev Udgata, representing the petitioners, pointed out that even though the amount was deposited way back in 2014 and clarification was sought on what rate the rehabilitation assistance would be paid, no such clarification has yet been received by the Sundargarh collector, for which there is inordinate delay in disbursement of the compensation. Taking note of it, the division bench of Justices Sangam Kumar Sahoo and Sibo Sankar Mishra directed the director of Resettlement & Rehabilitation (Water Resources department) to immediately give the clarification sought by the district collector. The bench posted the matter to May 13 and further ordered for disbursement of the compensation amount by then. The case records showed that the executive Engineer, Sundargarh Irrigation Division had deposited `4,38,89,000 in 2014 for disbursement to the displaced families as per sanctioned estimate and rules in force. Later, on February 5, 2014, the district collector had in letter to the director of Resettlement & Rehabilitation sought clarification in connection with rehabilitation assistance to the project-affected persons.
