June 3: In an important ruling that might prove handy for the Centre as well as states for quick resolution of disputes on acquisition of land for public purposes, the Supreme Court has held that an individual landowner loses the right to challenge the acquisition once a big chunk is notified for takeover under due process of law.
“Once an award is made and possession taken (by the government), the land stood vested in the State free from all encumbrances, (and) it cannot be divested even if some irregularity is found in the award,” a bench comprising Justices B.S. Chauhan and Swat-anter Kumar ruled.
Defining the scope of Sections 4, 6 and 9 of the Land Acquisition Act, which mainly deal with issuing of notices at different stages of the acquisition process, the Supreme Court said if the authorities issue a general notification under Section 4, an individual landowner cannot refuse to part with the land merely on the ground that he was not specifically served the notice personally.