23/02/2026
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The Supreme Court on Monday orally observed that pre-2018 land acquisition cases cannot be reopened for the grant of compensation with interest to the farmers whose land had been acquired under the NHAI Act.
The observation was made by a special bench comprising Chief Justice Surya Kant and Justice Ujjal Bhuyan while commencing the hearing in an open court of a plea of the National Highway Authority of India (NHAI), seeking a review of a 2019 verdict of the top court.
The apex court, in 2019, held that the decision to grant compensation with interest to farmers whose land was acquired under the NHAI Act would apply retrospectively.
The NHAI, represented by Solicitor General Tushar Mehta, said the 2019 judgement imposed a huge financial burden (approximately Rs 32,000 crore) and should only apply prospectively.
The bench had previously rejected this, noting that denying such benefits violated Article 14 (right to equality) of the Constitution.
“What perhaps weighed with your lordship was that it was Rs 100 crore," Mehta said, adding that in another judgement, the top court said that no disposed of cases will be reopened.
“The cut-off date appears to be 2008, provided claims were alive then. Pre-2018 matters cannot be reopened. Those matters which were pending in 2008 continue. If someone in the early 2020s filed an application saying they are entitled to parity on the basis of 2008, we can say yes as the solatium but not interest, like in land acquisition matters,” the CJI observed.
The bench heard the brief arguments and asked the parties to file written submissions, if any, and listed the review plea for hearing after two weeks.
