Supreme Court Issues Notice To Union & States On Plea Seeking Virtual Hearings Before Land Acquisition & Rehabilitation Authorities

The Supreme Court on Tuesday (September 17) issued notice to the Union and all State Governments in a Public Interest Litigation (PIL) seeking virtual hearings for land acquisition compensation claims by Land Acquisition and Rehabilitation Authorities (LARRAs).

Notably, LARRAs were established to provide speedy resolution of disputes related to land acquisition, compensation, rehabilitation, and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 

The petitioner Advocate Kishan Chand Jain argues that contrary to their intended purpose, LARRAs have led to long delays in case disposal and caused hardships for landowners. 

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra issued notice in the matter. 

The plea further highlights that several states having LARRAs were lacking efficient disposals. It was noted that Rajasthan has a single LARRA in Jaipur for the entire state, which comprises 50 districts and covers 3.42 lakh square kilometers. Similarly, Uttar Pradesh has 13 LARRAs for 75 districts, with each authority overseeing multiple districts.

The petition points out that before the new Act, compensation disputes were handled by District Judiciary, which allowed for more localized and potentially quicker resolution. Recent data from the Allahabad High Court reveals a significant backlog of cases in Uttar Pradesh LARRAs. At the current disposal rate, it would take over ten years to clear the pending cases, emphasizing the urgent need for procedural changes. 

"At the current disposal rate (in Uttar Pradesh) of 960 cases per year, it would take more than ten years to clear the backlog of 10,468 pending cases by the LARRAs in Uttar Pradesh. This highlights the urgent need for procedural changes to expedite hearings and case disposals."  

The petitioner has also relied on the decisions in (1) Kishan Chand Jain v. Union Of India And Ors where it was directed that all State Information Commissions (SICs) to provide for hybrid mode of hearing for complaints and appeals and (2) Sarvesh Mathur v. Registrar General of High Court of Punjab & Haryana 2023 LiveLaw (SC) 871, where the Court directed that all High Courts must give hybrid hearing options.

The key directives sought by the petitioner include : (1) Mandate hybrid hearings for LARRAs to resolve disputes, following the recent judgment in the Sarvesh Mathur case; (2) Direct state governments and the central government to establish user-friendly digital portals for LARRAs, providing online services such as case status updates, order uploads, and cause list publications; (3) Instruct appropriate governments to provide financial and technical support to LARRAs for setting up and maintaining infrastructure for hybrid hearings and digital portals; (4) Order LARRAs to implement e-filing facilities for all pending matters; (5) Direct LARRAs to inform parties and their counsels about hearing dates through text messages, WhatsApp, or emails.

The matter will now be heard on October 21. 

Case Details : KISHAN CHAND JAIN Versus UNION OF INDIA AND ORS W.P.(C) No. 510/2024

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