Synopsis and List of Dates: Special Leave Petition Against Land Acquisition

Land acquisition has long been a contentious issue in India, where disputes often arise over whether acquisitions are genuinely for public purposes or serve private interests under a veil of legal authority.

A recent Special Leave Petition (SLP) filed in the Supreme Court of India highlights these concerns, questioning a High Court’s decision to allow land acquisition allegedly for a private company.

Case Background

The petition arises from a landmark judgment by the High Court of Chhattisgarh, where a Single Judge Bench held that the land acquisition in question was a “colorable exercise of power.”

However, this decision was overturned by the Division Bench, prompting the affected parties to seek redress in the Supreme Court.

Chronology of Events

• 31.10.2001: The state government’s Energy Policy was notified, laying the groundwork for land acquisitions for energy projects.
• 22.02.2007: The government published its Resettlement and Rehabilitation (R&R) Policy, highlighting provisions for displaced persons.
• 04.09.2008: A Memorandum of Understanding (MoU) was signed between the state government, its electricity board, and a private company to establish a 500 MW thermal power plant.
• 15.05.20__: The Division Bench of the High Court reversed the Single Judge’s decision, allowing the contested land acquisition.
• September 20__: The petitioners filed the present SLP challenging the High Court’s ruling.

Core Questions of Law

The SLP raises critical legal questions for the Supreme Court’s consideration:

1. Public vs. Private Purpose:
   • Was the land acquisition truly for a public purpose, or was it a case of mala fide intent serving private interests?
   • Did the acquisition violate the principles of eminent domain by misrepresenting the purpose?
2. Compliance with Legal Provisions:
   • Was the acquisition process compliant with Section 40(1)(a) and Section 44B of the Land Acquisition Act?

Key Grounds for the Petition

The petitioners argue the following points:

1. Violation of Public Interest:
   The acquisition was for a private company, disguised as a public purpose. The state abused its powers to favor private interests.
2. Economic and Social Impact:
   The affected individuals, primarily poor farmers, face severe hardship and loss of livelihood due to this unjust acquisition.
3. Legal Missteps by the High Court:
   The Division Bench overlooked the detailed findings of the Single Judge, who had identified the acquisition as a misuse of authority.

Prayers Before the Court

The petitioners seek the following reliefs:

1. Grant of Special Leave:
   Permission to appeal against the High Court’s decision and a thorough judicial review of the acquisition process.
2. Interim Relief:
   A stay on the High Court’s order to prevent irreversible damage to the petitioners during the pendency of the case.
3. Final Relief:
   A declaration that the acquisition is invalid and the land should be restored to its rightful owners.

Interim Concerns

The petitioners emphasize the urgency of staying the High Court’s decision, highlighting the irreparable harm they will face if the acquisition proceeds unchecked.

SYNOPSIS AND LIST OF DATES

• That the present Special Leave Petition is being filed by the Petitioners impugning the final order/ judgment dated ______ passed by the Division Bench of the Hon’ble High Chhattisgarh, Biliaspur in Writ Appeal No. _____ of _____, titled ____ &Ors V. __ &Ors, whereby the Division Bench has reversed the detailed and landmark decision of the Single Judge which had held that land acquisition was a  exercise of power’.
• 31.10.2001 Energy Policy of __________ Government was notified. Copy of Energy Policy Notified by _______ Government is annexed as Annexure P1 Page ___ to Page ___.
• 22.02.2007 R & R Policy 20__ was published by the State Government.
• 04.09.2008 The Government of ____ and the __________ entered into a Memorandum of Understanding with M/S ______________ Limited for setting up of a 500 MW Thermal Power Project. Copy of MOU entered into between The Government of ______, The Chhattisgarh State Electricity Board and _______Limited is annexed as Annexure P2 Page ___ to Page ___.
• 15.05.20__ The Hon’ble Division Bench of High Court of _______ passed common order against various civil appeals and allowed the Writ Appeals filed by the Respondents herein..09.20__ Hence the present SLP

IN THE SUPREME COURT OF INDIA
[SCR XXI RULE 3(1)(a)]
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (C) NO.________________ OF 20__

(Arising out of the final judgment and order dated 15.05.20___ passed by the Hon’ble High Court of ______ in Writ Appeal No. _____ of and Writ Appeal ____ of 2012)

IN THE MATTER OF:

In High Court            In Supreme Court

ABC                                                            Respondent            Petitioner No. 1

Versus

Government of ___                                    Petitioner No. 1        Respondent No. 1

TO,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION ON BEHALF OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

• The present Special Leave Petition has been filed under Article 136 of the Constitution of India against the judgment and final order dated 15.05.20__ passed by the Division Bench of Hon’ble High Court of ______ in Writ Appeal No. ___ of ____ and _____ of ____ whereby the appeal filed by the contesting respondents herein against the judgment of the Ld. Single Judge were allowed.

QUESTIONS OF LAW:

• Whether the land acquisition is for a Private Company or for a public purpose and whether the acquisition is malafide being in colourable exercise of power and fraud on the statute and in sheer abuse of power of eminent domain?
• Whether land acquired by Private Company by violating Section 44B for any other purpose than the purpose mentioned in Section 40(1)(a) is valid?

DECLARATION IN TERMS OF RULE 3(2):

• That no other Petition seeking leave to Appeal has been filed by the Petitioner against the final judgment and order dated 15.05.20__ passed by the Ld. Division Bench of High Court of ____ in Writ Appeal No. __ of __ and __ of __.

DECLARATION IN TERMS OF RULE 5:

• That the Annexures filed with the Present Petition are true copies of the pleadings/ documents forming part of the records before courts below.

GROUNDS:

• That the present special leave to Appeal is being filed on the following, amongst other, grounds without prejudice to each other;
• Because the Division Bench of the Hon’ble High Court failed to appreciate that the procedure for acquiring land for a public purpose cannot be adopted for acquiring land for a private company. The acquisition in the instant case was clearly an acquisition for a private company as was found by the Single Judge and the State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose.

GROUNDS FOR INTERIM RELIEF

The Petitioners have a good case on merits and fair chances of success before this Hon’ble Court.

The acquisition in the instant case was an acquisition for a private company as was found by the Single Judge and the State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose. If no stay is granted then that would cause serious prejudice to the petitioners. The petitioners are poor farmers and are in current occupation of the land.

MAIN PRAYERS:

In view of the facts and circumstances as mentioned above, it is most humbly prayed that this Hon’ble Court may graciously be pleased to;

• Grant Special Leave to Appeal against the order passed by the Division Bench of the Hon’ble High ___________ in Writ Appeal No. ____ of ___, titled State of ____ &Ors V. ____ &Ors and in Writ Appeal No. ____ of 2012, titled ____ &Ors V. ____ &Ors.
• Pass such other or any further order(s) as may be deemed fit and appropriate by this Hon’ble Court in the facts and circumstances of the present case.

INTERIM PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to:

• a) stay the impugned judgment dated 15.05.20__ passed by the passed by the Division Bench of the Hon’ble High ______ in Writ Appeal No. ____ of ___, titled State of ____ &Ors V. ____ &Ors and in Writ Appeal No. ____ of 2012, titled ____ &Ors V. ____ &Ors;
• b) pass such other and further orders as this Hon’ble Court may deem fit and proper in the interests of justice.

FILED BY:

Advocate for the petitioner

Drawn By:
Drawn on:
Filed on:
New Delhi

Conclusion

This SLP underscores the significance of judicial oversight in cases of land acquisition. It raises profound questions about the balance between development and the rights of individuals, particularly marginalized communities.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. The specific content and format of the SLP may vary depending on the nature of the case and the applicable rules of the Supreme Court.

Note: This article provides a general overview of the “Synopsis and List of Dates” section and the subsequent “Special Leave Petition.” The actual SLP would require detailed legal analysis and drafting by legal professionals.