Land acquisition will become illegal if seven rights of property owners are violated; K-rail yellow stones may have to be removed

NEW DELHI: The Supreme Court has issued a strict directive to ensure seven rights of the property owner when the state government acquires private land.

These rights include measures such as ensuring rehabilitation and fair compensation, completing land acquisition within specified time limits, and informing the owner when the transfer of land rights will be completed. Failure to comply with even one of these will render the acquisition illegal and the owner can challenge the acquisition in court.

Although the verdict is against the Kolkata Municipal Corporation, legal experts have pointed out that it will also apply to K-rail in Kerala. State government had forcibly taken over the land and set up yellow poles for the K-rail project, which is yet to be approved. More than a thousand cases are still pending against the property owners who protested against this.

Violations of rights mentioned in the court order have occurred in the case of K-rail. It is indicated that the private landowners can approach the court demanding the removal of the yellow poles. The guidelines were issued by a bench comprising Justices PS Narasimha and Arvind Kumar.

Five lakh fine to Kolkata Corporation

The Calcutta High Court had quashed the Kolkata Municipal Corporation's action of acquiring land for establishing a public park without following the procedures. The Supreme Court upheld this action and imposed a fine of five lakh rupees on the corporation that filed an appeal.

Breach of right if not time-bound

1. Right to notice – Government must give notice to the owner of its intention to acquire the land.
2. Owner to be heard – Government has the responsibility to hear if the owner objects to acquisition of land
3. Expropriation of land must be justified - Expropriation of land must be done with clear reasons. It is the responsibility of the government to ensure this.
4. The owner must be convinced that the acquisition is for public purpose
5. Government should ensure rehabilitation and fair compensation
6. Acquisition process should be carried out efficiently, speedily and within stipulated time frame
7. The owner should be informed when the transfer of land title will be completed

"Acquisition of land is legal only if state governments follow due process of law. Article 300A of the Constitution deals with the right to land. The safeguard of the process is to protect the property rights of the citizen."

- Supreme Court