Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Allotment of alternate housing site acquisition not for the purpose of development of urban area MRTS Railway project Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 – Allotment of alternate housing site to the displaced persons – Property owned and possessed by the private respondents were acquired for the purpose of implementing ‘Mass Rapid Transport System’ (MRTS) Railway project, under the provision of the Act, 1894 – Writ petitions – High Court while rejecting the challenge to acquisition proceedings observed that the appropriate authority of the State Government to consider the representation made by private respondents for allotment of a housing site by way of rehabilitation – Pursuant thereto, representation was made before the State Government, however, relief claimed was declined – Writ petition against the said order of the State Government – High Court held that petitioners were entitled to alternate site under special category of displaced persons due to the acquisition of their lands for Railways – On appeal, held: The acquisition in the present case was not for the purpose of development of urban area or for providing a housing scheme to the residents of the urban area in which the acquired lands were situated – The acquisition was for a project of MRTS (Railways) on behalf of the Ministry of Railway, Government of India and not for the State Government or State Authority – Admittedly, no scheme was formulated in relation to the stated railway project implemented by the Central Government for providing alternative housing sites to Project affected persons – In the absence of such a scheme, the direction of High Court to provide alternative housing sites cannot be countenanced in law – Further, private respondents were duly compensated in conformity with the mandate of Act, 1894 – Thus, impugned judgment and order of the High Court set aside. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 698 |
Petitioner | The State Of Tamil Nadu |
Respondent | Dr. Vasanthi Veerasekaran |
SCR | [2019] 8 S.C.R. 883 |
Judgement Date | 2019-07-01 |
Case Number | 8626 |
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