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Supreme Court of India 2023-01-20 disposed

Manubhai Sendhabhai Bharwad and Another vs Oil and Natural Gas Corporation Ltd. & Others

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

Landowners challenged the prolonged temporary acquisition of their property by ONGC for over 26 years at minimal compensation (Rs. 30/sq m per annum). The Supreme Court held that temporary acquisition cannot continue indefinitely as it violates the constitutional right to hold property under Article 300A and renders the land unusable. While acknowledging ONGC's undertaking to complete permanent acquisition, the Court enforced the High Court's order directing acquisition within 12 months from April 2022, with the warning that failure would attract legal consequences. The Court upheld the High Court's direction to consider enhanced rent aligned with market rates.

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Land Acquisition Property Rights Constitutional Law Administrative Law Temporary Acquisition

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