Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Land Acquisition |
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- ss.4 & 5A- Non-publicationof the substance of the notification as prescribed under theAct in the locality concerned - Effect - Held: The requirementis mandatory - By effecting such publication in the locality, itis possible for the person in possession, namely, either theowner or lessee to make representation/ objection in enquiryu/s. 5A - By non-publication of the same in the locality asprovided under the Act, the owner or occupier loses hisvaluable right - Appellant-company prevented from makingobjection uls.5A -Acquisition proceedings in respect of landsbelonging to appellant-company therefore liable to bequashed.Land Acquisition Act, 1894 - s.4 - Acquisition of runningindustrial unit for public purpose - Justification - Held: Notjustified - Appellant-Company was a running industrial uniteven prior to the notification u/s.4 - Hence could not beacquired for a public purpose - No justification in acquiringa running industrial unit for industrialisation of the area -Impugned notifications qua the running industrial unit cannotbe sustained in law.Land Acquisition Act, 1894 - s.4 - Appellant-Companyrunning an industry similar to the public purpose for whichlands were being acquired ;- Location of appellant-Companyon the extreme comer of the acquired lands - Respondent- |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 538 |
Petitioner | M/s V.k.m. Kattha Industries Pvt. Ltd. |
Respondent | State Of Haryana & Ors. |
SCR | [2013] 10 S.C.R. 33 |
Judgement Date | 2013-08-16 |
Case Number | 6792 |
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