Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: s. 17 - Land expropriated by the State pursuant to the exercise of special powers in cases of urgency contained in s. 17 thereof for construction of residential quarters for State officials - Award not passed within stipulated time making the proceedings lapse - Subsequent notifications also lapsed - Writ petition on the ground that resort to s. 17 was malafide - Writ petition disposed of with direction to pass award within 4 months - Award not passed till date Land Acquisition 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 Act, 1894:s. 17 - Land expropriated by the State pursuant to theexercise of special powers in cases of urgency contained ins. 17 thereof for construction of residential quarters for Stateofficials - Award not passed within stipulated time makingthe proceedings lapse - Subsequent notifications also lapsed- Writ petition on the ground that resort to s. 17 was malafide- Writ petition disposed of with direction to pass award within4 months - Award not passed till date - On appeal, Held:Appellants land owners were being denied just and faircompensation for their land in proceedings whichcommenced in 1987 despite the directions of the High Courtpassed as early as in 1988 to pass an award within fourmonths - Respondent State ·is directed to initiate freshacquisition proceedings or take any other action availableto it in accordance with law - This would upholds. 11 A evenin cases of acquisition u/s. 17 while preserving therequirement of s. 17 that the unencumbered possession ofland remain vested in the Government - It also protects the· rights of the landowners who had approached the court tostop the government from undoing an emergency acquisitionwhile leaving in the cold equally aggrieved land ownersseeking to enforce their right to fair compensation for theirland - Even equity demands that the party bearing theconsequence of the delay in the award ought not to be theinnocent land owner but the errant State - Respondent Stateis restrained from contending that the land is no longerrequired by it or that it should revert to the appellants.s. 11 A-Acquisition - Distinction between setting asideof acquisition and reversion of possession to the erstwhilelandowners.Legislation: Held: A statute prescribes the manner inwhich an action is to be performed, it must be carried outstrictly in consonance thereto or not at all. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 478 |
Petitioner | Laxmi Devi |
Respondent | State Of Bihar & Ors. |
SCR | [2015] 11 S.C.R. 179 |
Judgement Date | 2015-07-03 |
Case Number | 3385 |
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