GREATER NOLDA IND. DEV. AUTHORITY versus SAVJTRI MOHAN (DEAD) THROUGH LRS. & ORS.

GREATER NOLDA IND. DEV. AUTHORITY versus SAVJTRI MOHAN (DEAD) THROUGH LRS. & ORS.

When substantial development has occurred following land acquisition, setting aside the acquisition is not proper. Instead, landowners are entitled to increased compensation and abadi land allotment per Savitri Devi principles, regardless of individual promptness in filing petitions.

Parties
Appellant: Greater Noida Industrial Development Authority; Respondent: Savitri Mohan (Dead) through LRs. & Ors.
Jurisdiction
India
Judgment Date
29 June 2016
Procedural Posture
Civil Appeal / Appeal From High Court Decision in CMWP No. 13109 of 2009
Outcome
Appeal allowed
Legal Topics
Land Acquisition for Planned Industrial Development, Urgency Clause Invocation, Quashing of Acquisition Notification, Compensation and Abadi Land Allotment
Land Acquisition Land Acquisition for Planned Industrial Development Urgency Clause Invocation Quashing of Acquisition Notification Compensation and Abadi Land Allotment

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Parties

Greater Noida Industrial Development Authority

Appellant

Savitri Mohan (Dead) through LRs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in CMWP No. 13109 of 2009

Legal Issues

  1. 1 Whether invocation of urgency clause under Land Acquisition Act was justified
  2. 2 Whether relief of quashing acquisition is appropriate when substantial development has occurred
  3. 3 Entitlement of respondents to additional compensation and abadi land

Ratio Decidendi

When substantial development has occurred following land acquisition, setting aside the acquisition is not proper. Instead, landowners are entitled to increased compensation and abadi land allotment per Savitri Devi principles, regardless of individual promptness in filing petitions.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Respondents’ writ petitions to be disposed in terms of Supreme Court judgment in Savitri Devi (2015) 7 SCC 21