Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894- s. 5A and 17(1) and (4)-High Court dismissed the cases challenging the Notifications of 197911980 as barred by limitation- However other cases were not dismissed on the ground of delay and /aches-- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894- s. 5A and 17(1) and (4) -Land acquisition by Notification dated 12.03.2008-lnvokingurgency provisions dispensing with the right of objection uls.5A - Challenged by the /and-owners - Some Land-ownersa/so challenged the Notifications of the years 1979 or 1980- High Court dismissed the cases challenging theNotifications of 197911980 as barred by limitation- Howeverother cases were not dismissed on the ground of delay and/aches- On merit High Court held that invocation of urgencyclause was unwarranted- But in view of the fact that substantialdevelopment work had been carried out, third party interestwas created, compensation was also paid, etc., High Courtin order to balance the equities, instead of quashing thenotification, enhanced the provisional compensation to64. 7% and directed allotment of developed abadi Land tothe extent of 10% of the acquired land- However, notificationin respect of three villages was quashed where nodevelopment work had been carried out-Appeal of the Land-holders - Held: In the facts of the case, the cases may nothave been maintainable on the ground of delay and /aches- But the High Court had gone an extra.mile in finding thesolutions and balancing the equities in a manner which wasfavourable to the /and-owners by adequately compensatingthem - The directions of High Court are given in unique andpeculiar circumstances and hence would not form precedent - Interference u/Art. 136 not warranted in the present cases. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 409 |
Petitioner | Savitri Devi |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2015] 7 S.C.R. 512 |
Judgement Date | 2015-05-14 |
Case Number | 4506 |
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