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Supreme Court of India 2019-08-13 allowed

NARESHBHAI BHAGUBHAI vs UNION OF INDIA

Bench: 3 — Indu Malhotra, Indira Banerjee

In Brief

The Supreme Court upheld a challenge to land acquisition for the Western Dedicated Freight Corridor under the Railways Act, 1989. Finding that the Competent Authority violated mandatory provisions of Section 20D(2) by failing to pass a reasoned order on landowners' objections after granting a personal hearing, the Court held such procedural breaches invalid. However, in light of substantial construction progress on the 131 km project and public utility considerations, rather than setting aside the entire acquisition, the Court allowed the appeals and directed compensation be assessed at current market rates for the approximately 6 km of affected land, modifying the relief to balance property rights against public purpose.

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Land Acquisition Railways Administrative Law Natural Justice Property Rights

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