The Calcutta High Court ruled that land acquired under the Public-Private Partnership (PPP) model is subject to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The bench held that affected families cannot be denied benefits under Section 31. Even if employment is not generated by the project, land losers must receive alternative benefits, either a one-time payment of ₹5 lakh or a monthly annuity of ₹2,000 for 20 years. The case arose after a petitioner was denied a job despite land acquisition. The Court rejected the claim that the acquisition under the Railways Act excluded application of the 2013 Act. It also dismissed the respondent’s argument that a 2019 memo withdrawing job benefits could apply retrospectively. The Court emphasized that the Act’s objective includes both compensation and resettlement.
Since the petition challenged the failure to rehabilitate, not the compensation amount, the writ was held maintainable. The Court allowed the petition and directed that statutory benefits be granted.
