High Court Disposes of Petitions Challenging Airport Project Acquisition
A division bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh of the high court disposed of petitions filed by 13 farmers, including villager Vijay Pal Singh, on April 28, challenging the acquisition process for Phase II and III of the airport project.
Petitioners' Allegations and the Court's Ruling
- The petitioners had alleged violations under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and argued that the acquisition infringed upon their property rights under Article 300A of the Constitution.
- The court, however, held that the acquisition was conducted in compliance with the 2013 law, including mandatory social impact assessment (SIA), public hearings, consent provisions, compensation and rehabilitation requirements.
“There is no deprivation of property otherwise than by authority of law, and no violation of Article 300-A of the Constitution is made out,” the bench said, rejecting the constitutional challenge.
Displacement of Abadi Areas and Rehabilitation Measures
- The high court noted that the petitioners did not oppose acquisition of agricultural land and had mainly raised concerns over displacement of abadi areas (residential settlements).
- The court held that the petitioners' concerns over displacement of abadi areas were a private interest that must yield to the public interest of airport expansion, upon due compliance with the R&R framework under the Act, 2013.
- The R&R Scheme provides comprehensive entitlements and the awards have been passed, the court observed.
The court further observed that courts must balance individual rights with public interest in infrastructure projects and cited settled legal principles on judicial restraint in land acquisition matters.
Implementation of Rehabilitation and Resettlement Scheme
- The court directed authorities to strictly implement the rehabilitation and resettlement scheme during execution of Phase II and III of the airport project.
- The court ordered that possession of abadi land be taken only after all rehabilitation measures, including allotment of developed plots, are completed.
The court noted that compensation awards had already been passed and disbursement initiated, while affected landowners could seek enhanced compensation through the designated statutory mechanism.