Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act |
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. 11A, 48 (1) and (2) - Withdraw/ of acquisition proceedings - Lapse of acquisition proceedings - Due to failure to pass award within two years from publication of declaration, on account of non-approval of proposed award by Government - Held: The lapse of acquisition proceedings u/s. 11A would not tantamount to withdrawal of acquisition proceedings Therefore, claim for compensation u/s. 48 (2) not maintainable. s. 48 (1) - Decision of withdrawal of acquisition - Publication of in official gazette - Held: Such decision is E required to be published in official gazette. The questions for consideration in the present appeals were (1) whether in view of the decision of the Government in not approving the award proposed by the eouector, the award could not be made within the period of two years from the date of publication of declaration (final notification under Section 6 of Land Acquisition Act) and the acquisition of land lapsed, would such lapse of acquisition proceedings amount to withdrawal from the acquisition by the State Government under Section 48(1) of the Act ? and (2) Whether the decision of the State Government for withdrawal from the acquisition u/s. 48(1) is mandatorily required to be published in the official gazette? |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 306 |
Petitioner | Rajinder Singh Bhatti And Ors. |
Respondent | State Of Haryana And Ors. |
SCR | [2009] 3 S.C.R. 964 |
Judgement Date | 2009-03-03 |
Case Number | 4117 |
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