Land acquisition in India is governed by the Land Acquisition Act,1894. The Act allows the government to acquire land for public purposes, with the landowner receiving compensation. However, landowners can challenge the acquisition process if they believe it was improper. This case centered on the Doctrine of Merger wherein the legal principle states that once the government pays compensation to the landowner, the landowner's title to the land merges with the government, extinguishing their right to challenge the acquisition.
Rule:The Supreme Court acknowledged the Doctrine of Merger but emphasized that it cannot be applied mechanically. The court clarified that the extinguishment of the landowner's right hinges not just on compensation payment but also on the government taking physical possession of the land.
Application:In this case, the Government of NCT of Delhi acquired land from M/s BSK Realtors LLP. While the government issued an award (compensation amount) to the company, it hadn't taken physical possession of the land. Additionally, M/s BSK Realtors LLP hadn't received the compensation. Based on these facts, the court concluded that the Doctrine of Merger couldn't be invoked.
Here's the reasoning:
Therefore, the court ruled that M/s BSK Realtors LLP retained the right to challenge the acquisition process despite the award being issued.
Conclusion:This judgment establishes a crucial balance in land acquisition disputes. It prevents the government from using the Doctrine of Merger as a shield to avoid scrutiny of potentially flawed acquisition procedures. Landowners can now challenge acquisitions even after receiving an award, as long as the government hasn't taken possession and paid the compensation. This protects landowner's rights while upholding the government's authority for public projects when due process is followed.