Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition -Acquisition 11/s. 4 of Land Acquisition Act 1954 (DPCR Act) - Further auctioned to the predecessor-in- interest of the respondents- Provisional possession of properly handed over before s.4 Notification - Sale certificate issued afters. 4 Notification but prior to s. 6 Declaration - Award in respect of the subject properly - Challenged in writ petiti 1894 - Subject properly initially evacuee properly - Acquired uls. 12 of Displaced Persons (Compensation and Rehabilitation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition -Acquisition 11/s. 4 of Land AcquisitionAct, 1894 - Subject properly, initially evacuee properly -Acquired uls. 12 of Displaced Persons (Compensation andRehabilitation) Act, 1954 (DPCR Act) - Further auctioned tothe predecessor-in- interest of the respondents- Provisionalpossession of properly handed over before s.4 Notification- Sale certificate issued afters. 4 Notification but prior to s. 6Declaration - Award in respect of the subject properly -Challenged in writ petition - High Court declared theacquisition proceeding in respect of the subject land as nulland -void holding that land being evacuee properly, wasexempt from the purview of acquisition - On appeal, held:The subject land ceased to be evacuee properly and becameproperty of the Central Government, after acquisition uls. 12of DPCR Act and hence not exempted from acquisition underLand Acquisition Act- Though ownership on the land vestedin the Central Government, an encumbrance had beencreated in the subject properly and hence would not falloutside the purview of Land Acquisition Act- Only such land,in which entirety of the rights vests in the State and on whichthere are no private rights or encumbrances, would be outsidethe purview of Land Acquisition Act- Land Acquisition Act,1894 - s. 4 -Administration of Evacuee Properly Act, 1950-s. 8 - Displaced Persons (Compensation and Rehabilitation)Act, 1954- s.12(2) & (4) and 14. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2015 INSC 638 |
Petitioner | Lt. Governor Of Delhi & Ors. |
Respondent | Matwal Chand (d) Thr. Lrs. |
SCR | [2015] 10 S.C.R. 346 |
Judgement Date | 2015-09-04 |
Case Number | 3971 |
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