Pre-2018 land acquisition cases of NHAI can't be reopened for granting compensation with interest: SC

New Delhi: The Supreme Court on Monday said that pre-2018 land acquisition cases cannot be reopened for granting compensation with interest to the farmers whose land was acquired under the National Highways Authority of India (NHAI) Act.

In 2019, the top court held that the decision to grant compensation with interest to farmers whose land was acquired under the NHAI Act would apply retrospectively. 

A bench of Chief Justice of India Surya Kant and Justice Ujjal Bhuyan began hearing in open court a plea by the NHAI to reconsider the 2019 verdict. 

Solicitor General Tushar Mehta, for the NHAI, contended that the 2019 judgment imposed a huge financial burden (approximately Rs 32,000 crore) and should only apply prospectively.

Previously, the top court had rejected this contention, noting that denying such benefits violated Article 14 (right to equality) of the Constitution.

"What perhaps weighed with the court was that it was Rs 100 crore," he said, adding, in another judgment, the top court said that no disposed of cases will be reopened.

"The cut-off date appears to be of 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 to the solatium but not interest, like in land acquisition matters," the bench said.

The court asked the parties to file written submissions, if any, and scheduled the review plea for hearing after two weeks. 

The apex court had on November 4, 2025, decided to hear the NHAI's plea seeking a review of its verdict in open court.

In November 2025, the NHAI that the matter would have wide implications of around Rs 32,000 crore, and not Rs 100 crore as was stated earlier in the petition.

On February 4, 2025, while rejecting NHAI's plea, the court had ruled that its 2019 decision allowing the grant of compensation and interest to farmers, whose land was acquired under the NHAI Act, would apply retrospectively.