Land acquired by govt can’t be handed to builder: SC

The Supreme Court quashed the transfer of 280 acres of land acquired by Haryana government from farmers in Rohtak to a private builder in 2006 for developing a residential colony.

In a landmark ruling, the Supreme Court quashed the transfer of 280 acres of land acquired by Haryana government from farmers in Rohtak to a private builder in 2006 for developing a residential colony.

The Supreme Court quashed the transfer of 280 acres of land acquired by Haryana government from farmers in Rohtak to a private builder in 2006 for developing a residential colony. (HT File Photo)

In 2002, the Haryana Urban Development Authority (HUDA) proposed to acquire around 850 acres of land in Rohtak. However, in April 2003, only 441 acres were acquired.

The state later released about 280 acres of the acquired land to Uddar Gagan Properties Limited in June 2006.

The top court remarked that, “there was an abuse of power in releasing the land in favour of the builder... If the law allows the State to take land for housing needs, the State itself has to keep the title”. The bench asked the government to enquire who in the authority illegally entertained the builder.

The bench did not revert the land to the farmers but directed HUDA to take possession of the land transferred to the builder.

It also said that the sale consideration paid by the builder to the land owners will be treated as compensation under the award. “The land owners will not be required to refund any amount. The land owners who have not received compensation will be at liberty to receive the same,” it added.