Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Acquisition Appropriate Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | LAND ACQUISITION ACT, 1894: ss. 4 and 6 - Acquisition of land by State Government for setting up of Railway complex - 'Public purpose' - Held:Under ss. 4 and 6, it is the "appropriate Government" which is to be satisfied about the 'public purpose' for which the land is to be acquired and which is vested with the responsibilities contemplated u/ss. 4 and 6 - 'Public purpose' may be relatable to (i) Union! Central Government, or (ii) State Government or (iii) a "general public purpose", which is neither exclusively relatable to Central Government nor fully relatable to State Government, but furthers a common public purpose relatable both to a Union and a State cause.ss. 3(ee), 4, and 6 - "Appropriate Government" - Held: If the purpose of acquisition is exclusively for the Union, then Union/Central Government will have exclusive jurisdiction to acquire the land - If the purpose of acquisition is exclusively for a State, or for "a general public purpose", then the State Government concerned will have the exclusive jurisdiction to acquire the land - In the instant case, though the land was acquired for Railway complex, but additionally the purpose of acquisition would benefit the State generally, as better transportation facilities would meet the expectations of public and private entities having a nexus with the State and, as such, the purpose for acquisition can certainly be described as "a general public purpose" - Therefore, the State Government had jurisdiction to acquire the land because it duly satisfied the requirement of the term 'appropriate Government' referred to in ss. 4 and 6 - While acquiring the land of appellants, State Government has proceeded in due course of Jaw - As such, appellants cannot be stated to have been deprived of their lands/property, without the authority of law and there has been no violation of appellants' right under Art. 300A of the Constitution - Constitution of India, 1950 - Art.300A.. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 384 |
Petitioner | Rajendra Nagar Adarsh Grah Nirman Sahkari Samiti Ltd. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2013] 7 S.C.R. 192 |
Judgement Date | 2013-07-01 |
Case Number | 4824 |
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