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Supreme Court of India 2016-06-29 allowed

Greater Noida Ind. Dev. Authority vs Savitri Mohan & Ors

Bench: 2 — Adarsh Kumar Goel

In Brief

GNIDA sought to acquire land in Greater Noida for planned industrial development, invoking an urgency clause to dispense with the mandatory inquiry. The High Court quashed the acquisition, finding the urgency unjustified. However, GNIDA had already developed substantial infrastructure and 82% of land owners had accepted compensation covering 76% of the land. The Supreme Court held that where large-scale development has already occurred, the proper remedy is not to quash acquisition but to grant the land owners enhanced compensation (64.7% increase) and allotment of developed plots (10% of acquired land, up to 2500 sq. m.), treating them equally with similarly situated persons, irrespective of litigation timing.

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Land Acquisition Property Law Administrative Law Public Interest Infrastructure Development

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