Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss. 5-A and 6(1) - Violation of - Discrimination in release of acquired land - Lands owned by appellants and five similarly situated others acquired for one and the same purpose - State Government / HUDA released acquired lands of five others, by executing agreements with them, but did not accord similar treatment to appellants - Justification - Held: Not justified - Appellants were subjected to hostile discrimination - The solitary reason put forward by the respondents for not releasing the appellants' land, namely, that most of it was lying vacant was ex-facie erroneous, which is clear from the notings recorded by the officers and the Special Secretary to the Chief Minister of the State on the objections filed by the appellants - While ordering the issue of notification u/s.6(1), the Chief Minister did not even advert to the objections filed by the appeliants and the report made by the Land Acquisition Collector u/s.5-A(2) - Direction given by the Chief Minister for issue of notification u/s. 6(1) without considering the objections· of the appellants and other relevant factors was vitiated due to non- application of mind - Decision taken at the level of the Chief Minister not in consonance with the scheme of s.5-A(2) r/w s. 6(1) - The State Government's refusal to release the appellants' land resulted in violation of their right to equality granted u/Article 14 of the Constitution - Constitution of India, 1950 - Art. 14.Land Acquisition Act, 1894 - s.5-A(2) - Purpose and effect of - Opportunity to the objector - Obligation of the Collector - Rule of audi alteram partem. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 199 |
Petitioner | M/s. Usha Stud And Agricultural Farms Private Limited And Others |
Respondent | State Of Haryana And Others |
SCR | [2013] 5 S.C.R. 645 |
Judgement Date | 2013-04-02 |
Case Number | 2557 |
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