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This is an archive article published on November 25, 2011

SC quashes land acquisition after farmer proves he is alive

Quashing the acquisition of a farmer’s land in Haryana who despite being alive was shown as dead in forged records,the Supreme Court has said government should use its own land for public purposes and acquire private land only if it “becomes absolutely necessary.”

Quashing the acquisition of a farmer’s land in Haryana who despite being alive was shown as dead in forged records,the Supreme Court has said government should use its own land for public purposes and acquire private land only if it “becomes absolutely necessary.”

A bench of justices G S Singhvi and S J Mukhopadhaya said in a judgement that acquisition of private land should also be done only after strictly complying with statutory provisions and observing rules of natural justice. “It is impossible to believe that a woman who knows how to sign a document would put signatures against her name showing her as a widow despite the fact that her husband is alive,” Justice Singhvi,writing the judgement,said.

The apex court passed the judgement while upholding the appeal filed by Raghbir Singh Sehrawat challenging the acquisition of his agricultural land by the state government in Sonepat district for industrial development in June 2006.

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Sehrawat complained the acquisitions were done in an arbitrary pick-and-choose manner and even the signature of his wife Moorti Devi was forged to create a record showing her as his widow in the acknowledgement receipt purportedly issued at the time of serving notice to the owners for the acquisition.

The Punjab and Haryana High Court had upheld the acquisition,following which Sehrawat appealed in the apex court.

The apex court noted that the documents indicated that the signature did not belong to the wife and the state counsel “expressed his inability to offer any explanation.

He also expressed helplessness in defending the description of Moorthi Devi as a widow of Raghbir Singh,it said.

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