In Brief
In this land acquisition appeal, the Haryana Urban Development Authority challenged a High Court order quashing the acquisition of 952.18 acres in Panchkula for residential and commercial development. The landowners (Respondents) had objected under Section 5A of the Land Acquisition Act, 1894, claiming authorized structures and discriminatory treatment compared to exempted similarly-situated land. The Supreme Court held that Section 5A mandates procedural compliance but not outcome—the Government can reject the Collector's recommendation if reasoned and lawful. Authorized constructions do not bar acquisition; public interest overrides private interest. Alleged discrimination must be proven by factual evidence of unjustifiable unequal treatment; the remedy is to acquire excluded lands, not exclude others. The Court rejected a subsequent settlement, finding bureaucratic abdication of duty. Invoking Article 142, the Court allowed the appeal, set aside the quashing order, and directed the State to proceed with acquisition and development within three months.
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