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Thursday 1 December 2011

SC warns govt against large-scale acquisition of agricultural land

SC warns govt against large-scale acquisition of agricultural land

27 November 2011

NEW DELHI, 27 NOV: The Supreme Court has warned the government against large-scale acquisition of agricultural land saying mindless acquisition of farmers, land may lead to food scarcity and increasing incidents of farmers’ suicide.
A Bench of Mr Justices GS Singhvi and Mr SJ Mukhopadhaya noted “it was difficult to appreciate why the state resorts to massive acquisition and that too without complying with the mandate of the statute.
“As noted by the National Commission on Farmers (NCF) headed by Mr MS Swaminathan, the acquisition of agricultural land in the name of planned development or industrial growth would seriously affect the availability of food in future,” the bench said.
Justice Singhvi, writing the judgement for the Bench, also quoted Jawaharlal Nehru, who had said in 1947 that everything else can wait but not agriculture.
The apex court, while allowing the petition of Raghuvir Singh Sehrawat pulled up Haryana government and imposed a cost of Rs 2.5 lakh on the state government and also quashed the acquisition of land in 2006.
The Supreme Court said the government should use public land for development and if it becomes necessary to acquire private land, it must be acquired in accordance with law.
The Bench concluded by saying “if the land of such persons is acquired, not only the present but future generation will be ruined and this is one of the reasons why the farmers who are deprived of their holdings commit suicide”.
It is wholly unjust, arbitrary and unreasonable to deprive such persons of their houses by way of land acquisitions in the name of development of infrastructure or industrialisation, the court said.
Earlier too, the apex court has emphasised the urgent need for overhauling the colonial Land Acquisition Act 1894. sns

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