temporary land acquisition

Trending Today Supreme Court Rules ONGC’s Prolonged Land Occupation Unconstitutional Under Article 300A LEGAL JOB OPPORTUNITY AT LAW CHAMBERS OF ROHIT BHARADWAJ LEGAL JOB OPPORTUNITY AT LAW COMMISSION OF INDIA, DELHI JOB OPPORTUNITY AT QUANTUM LEGAL LEGAL JOB OPPORTUNITY AT BAJAJ, HYDERABAD JOB OPPORTUNITY AT DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT LEGAL JOB OPPORTUNITY AT AMS LEGAL, CHENNAI LEGAL INTERNSHIP OPPORTUNITY AT HER VOICE LAW LEGAL JOB OPPORTUNITY AT LEXCLAIM Supreme Court Judgment on Union of India vs Union Carbide Corporation (2023) | Bhopal Gas Tragedy Settlement & Legal Finality Supreme Court Rules ONGC’s Prolonged Land Occupation Unconstitutional Under Article 300A REHA BHARGAV 19 June 2025 The Supreme Court of India held ONGC‘s two-decade-long occupation of private land without acquisition illegal under Article 300A. Learn about the judgment, key legal issues, and its impact on land acquisition law in India. Introduction – Landmark Judgment on Right to Property in India In a significant ruling, the Supreme Court of India in Manubhai Sendhabhai Bharwad & Anr v. Oil and Natural Gas Corporation Ltd. & Ors (decided on January 20, 2023), reinforced the constitutional right to property under Article 300A. The case involved unauthorized land possession by ONGC for over two decades without formal acquisition or fair compensation. The judgment highlights that temporary acquisition cannot become permanent by default, and state authorities must comply with the law when using private land for public purposes. Case Background – Facts and Timeline Origin of the Dispute In 1996, ONGC temporarily acquired land measuring approximately 10,034 square meters in Village Vastral, Ahmedabad, for petroleum exploration. Over 20 years passed without formal acquisition under the Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Ownership Transfer and Legal Action The land was sold to Manubhai Sendhabhai Bharwad and another in 2005. After realizing ONGC’s continued occupation without legal backing, the appellants filed a writ petition in the Gujarat High Court in 2016. Though ONGC issued a notification under the 2013 Act, it later withdrew the process citing high compensation costs. Legal Issues Raised Central Legal Question Does long-term occupation of private land without lawful acquisition violate the constitutional right to property under Article 300A? Petitioners’ Arguments Violation of Article 300A: Continuous occupation without acquisition proceedings was unconstitutional. Inadequate Compensation: ONGC paid nominal rent (₹24/m²/year, later ₹30), while market value was over ₹1000/m²/month. De Facto Acquisition: ONGC’s extended “temporary” use became permanent without following due process. Delay and Deception: Petitioners accused ONGC of delaying formal acquisition despite assurances in court. ONGC’s Defense Consent-Based Possession: ONGC claimed initial consent and regular rent payments validated its occupation. No Immediate Need for Acquisition: Due to the temporary nature and compensation, acquisition wasn’t urgent. Financial Constraints: High compensation deterred ONGC from completing acquisition. Public Purpose Justification: The land was used for vital energy exploration, benefiting national interest. Supreme Court Judgment – Upholding the Rule of Law The Supreme Court of India condemned ONGC’s actions, emphasizing that no authority can hold land indefinitely without legal acquisition and fair compensation. The Court declared ONGC’s occupation a violation of Article 300A, reinforcing that the State cannot bypass constitutional protections. Key Directions by the Supreme Court Mandatory Acquisition: ONGC was directed to complete land acquisition under the 2013 Land Acquisition Act by April 30, 2023. Non-Compliance Clause: Failure to acquire would require ONGC to vacate and return the land. Rent Argument Rejected: Nominal rent payments do not substitute legal acquisition procedures. Constitutional Accountability: Public authorities are bound by constitutional law, regardless of the purpose. Conclusion – A Win for Landowners and Property Rights This landmark verdict reinforces the right to property and sends a strong message to public bodies: prolonged occupation without acquisition is illegal and unconstitutional. The Supreme Court’s judgment ensures that landowners cannot be deprived of their property arbitrarily, and that fair compensation and due process are essential in any land acquisition case in India. Key Takeaways The right to property under Article 300A is constitutionally protected. ONGC’s 25-year occupation was ruled illegal by the Supreme Court. Public purpose cannot override due legal procedures. Government entities must comply with the 2013 Land Acquisition Act. The case sets a precedent for fair compensation and legal acquisition processes in India. Leave a Reply Cancel Reply Logged in as Sada Law. Edit your profile. Log out? Required fields are marked * Message* Case Laws Supreme Court Rules ONGC’s Prolonged Land Occupation Unconstitutional Under Article 300A Sada Law • June 19, 2025 • Case law • No Comments Supreme Court Judgment on Union of India vs Union Carbide Corporation (2023) | Bhopal Gas Tragedy Settlement & Legal Finality Sada Law • June 18, 2025 • Case law • No Comments Applicability of Section 45 of PMLA to Anticipatory Bail: Supreme Court Judgment in Directorate of Enforcement vs M. Gopal Reddy (2023) Sada Law • June 18, 2025 • Case law • No Comments 1 2 3 … 5 Next »