The Supreme Court has upheld the acquisition of nearly 27 hectares of land in Jaipur for the construction of a metro car depot, ruling that while landowners possess a valuable statutory right to object to land acquisition under Section 5A of the Land Acquisition Act, 1894, such right cannot be used to indefinitely stall projects undertaken for a genuine public purpose.
The bench of Justice Dipankar Datta clarified the extent of the Land Acquisition Officer’s obligations while dealing with objections, reaffirming that a meaningful opportunity of hearing is mandatory but that substantial compliance with the statutory procedure would suffice in appropriate cases.
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The litigation concerned acquisition of approximately 27 hectares of land situated in Village Sheopura, Tehsil Sanganer, Jaipur, proposed to be used for the construction of a metro car depot as part of Phase II of the Jaipur Metro Rail Project.
The acquisition process commenced in May 2011 with the issuance of a notification under Section 4(1) of the Land Acquisition Act. The affected landowners subsequently filed objections under Section 5A, questioning both the necessity of acquiring their land and the selection of the site. They also suggested alternative parcels of land belonging to various public agencies and expressed concerns regarding environmental impact due to the presence of trees and fertile agricultural land.
Following the objections, the Land Acquisition Officer (LAO) conducted proceedings over several months. The Jaipur Metro Rail Corporation submitted replies to the objections, after which the matter was posted to enable the landowners to file rejoinders. However, the landowners neither appeared on the scheduled date nor submitted rejoinders. Subsequently, the LAO forwarded his report recommending acquisition, following which the State Government issued the declaration under Section 6 of the Act and further acquisition proceedings continued.
The landowners challenged the acquisition before the Rajasthan High Court, contending that they had been denied an effective hearing under Section 5A.
The Single Judge accepted their challenge, holding that the LAO had failed to provide an effective opportunity of hearing, had not properly considered their objections and had forwarded an incomplete record to the State Government before issuance of the declaration under Section 6. Consequently, the acquisition notifications were quashed.
However, the Division Bench reversed that decision, holding that judicial review in such matters is confined to examining the decision-making process and not the merits of the acquisition itself. It concluded that the landowners themselves had failed to pursue the proceedings after receiving the acquiring body’s replies and therefore could not subsequently challenge the acquisition.
Before the Supreme Court, the principal controversy centred on whether there had been substantial non-compliance with Section 5A of the Land Acquisition Act.
The landowners argued that no personal hearing had been granted after the scheduled date for filing rejoinders; the LAO failed to independently consider their objections; the report merely reproduced the acquiring authority’s stand; alternative lands were available for the metro depot; the State Government acted mechanically without considering the complete record; and the acquisition exceeded genuine public purpose by contemplating future commercial development.
The Jaipur Metro Rail Corporation and the State, on the other hand, contended that adequate opportunities had been provided throughout the proceedings, that the landowners chose not to avail them, and that the project served an undisputed public purpose. They further maintained that the Collector’s report under Section 5A is administrative in nature and need not resemble a judicial order.
The Court undertook an extensive review of earlier precedents dealing with Section 5A and reaffirmed that the provision embodies one of the most valuable safeguards available to landowners whose property is sought to be compulsorily acquired.
According to the Court, Section 5A grants landowners an opportunity to demonstrate that the acquisition lacks a genuine public purpose; the selected land is unsuitable; better alternatives exist; or the acquisition suffers from mala fides or colourable exercise of power.
The Bench observed that because the Land Acquisition Act is an expropriatory statute, its provisions must be construed strictly and procedural safeguards cannot be treated as empty formalities.
Clarifying the statutory obligation, the Court held that once objections are filed under Section 5A, it is the duty of the Collector to fix a date of hearing and provide the objector with an opportunity to present his case.
The Bench expressly observed that a landowner need not separately request a hearing because the statute itself casts that obligation upon the Collector. At the same time, it clarified that the Collector functions as an administrative authority rather than a judicial or quasi-judicial authority. Consequently, while the Collector must consider every objection and briefly indicate reasons for accepting or rejecting them, the law does not require a detailed judicial-style order.
The State Government, however, must independently apply its mind before issuing the declaration under Section 6.
Applying these principles to the present dispute, the Supreme Court concluded that there was no flagrant violation of Section 5A.
The Court noted that the landowners had actively participated in the proceedings over several months, had received copies of the Jaipur Metro Rail Corporation’s replies, yet failed to file rejoinders or appear on the scheduled date. More importantly, after remaining absent, they made no effort to ascertain the status of the proceedings before the Collector submitted his report.
The Bench found nothing on record suggesting any deliberate attempt by the LAO to deprive the landowners of an opportunity of hearing. On the contrary, the proceedings had continued for nearly a year, indicating that sufficient opportunities had been afforded during the acquisition process. The Court therefore held that the statutory mandate had been substantially complied with and that the acquisition could not be invalidated merely because an additional hearing was not fixed after the landowners themselves defaulted.
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