When it is not obligatory on govt to resettle persons whose lands are acquired under land acquisition?

The procedure prescribed under the Resettlement Act becomes applicable only when a declaration is made under S. 11(1) of that Act that the provisions of the said Act shall be applicable to a project. Such a declaration will follow only after the formation of the opinion by the State Government that it is necessary or expedient in the public interest to make such a declaration.

When such a notification is not issued or has not been issued, the Government is free to take recourse to the provisions of the Land Acquisition Act, 1894 to resettle the persons who are displaced or will be displaced as a result of any project.

When there is no notification under Section 11(1) of the Resettlement Act, there is naturally no obligation upon the State Government to resettle persons because the provisions of this Act are not followed and payment of compensation to the affected persons may be enough for the land acquired from then under the provisions of the Land Acquisition Act.

When there is a notification, the obligation is only to follow the procedure for resettling "as many displaced persons as possible". The obligation is relating to the procedure to be followed.

Bombay High Court

Ganpat Balwant Pawar And Ors. vs The Special Land Acquisition ... on 27 March, 1984

Equivalent citations: 1984 Mh LJ 752) : (AIR 1984 Bom 382)

Bench: M Chandurkar, O Jahagidar, V Kotwal

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