Land acquisition: SC upholds Gujarat HC orders directing state to pay extra to farmers
Brushing aside a plea by way of the Gujarat govt, the Ideally suited Courtroom on Thursday upheld two orders by way of the Gujarat Prime Courtroom directing to pay upper reimbursement to farmers in Bharuch and Gandhinagar whose lands had been got for nationwide freeway growth.
The HC orders of September and October 2019, directing the state govt to use a multiplying issue of two.00 as an alternative of one.00 and recalculate the reimbursement payable to farmers, had been challenged by way of the Gujarat govt within the Ideally suited Courtroom. It was once brushed aside by way of a three-judge bench of Justices Ashok Bhushan, Subhash Reddy and MR Shah.
In Bharuch, the lands had been got for the development and widening of Vadodara-Mumbai Limited-access highway underneath the Nationwide Highways Act, 1956, whilst in Gandhinagar it was once for the growth of Ahmedabad-Delhi freeway.
Chatting with The Indian information, recommend Anand Yagnik, who was once representing the villagers on the SC at the side of senior recommend Kapil Sibal, mentioned that the locus standi to problem the prime courtroom order on the apex courtroom was once necessarily with the Nationwide Highways’ Government of India and now not the state govt.
It’s estimated that affected farmers in Gandhinagar can be eligible upto Rs 200 crore further fee and Bharuch farmers can be eligible for an extra fee of Rs 300 crore.
In 2019, the Gujarat HC quashed and put aside two govt resolutions — one in all 2016 and every other of 2018 —preserving them unlawful because it violated the constitutional ensure of equality ahead of the legislation.
The 2018 GR had resolved that spaces falling underneath “City Building House” and “House Building Authority” shall now not be regarded as as city spaces, however was once held to be extremely vires, unlawful and unconstitutional within the context of Gujarat RFCTLARR Regulations, 2017 and the Act of 2013 as amended by way of the state.
