Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 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. 4 and 6 - West Bengal Housing Board Act, 1972- s. 27A- Notification for acquisition of land for public purpose - Case of land owners that land acquired for Housing Scheme by private party - Challenge to - Held: Test of acquisition for public purpose was satisfied - Government retained overall control over the housing scheme - Substantial part of compensation was paid by State Government or Housing Board -Scheme was prepared in terms of 1972 Act and it provided for benefits of poor sections of society - Also, land owners waived their right to challenge acquisition - They acquiesced to the acquisition - Hence, order of Division Bench of High Court that land was acquired for public purpose does not call for interference.It is the case of the appellant that they purchased land for a project and had been negotiating with the State Housing Board. However, before the finalisation of the project, the State Government issued a Notification for acquisition of the said land for a public purpose. The said land was acquired for a Housing Scheme by a Housing Development Company-private party. An award was passed and the land owners were awarded compensation. Appellants challenged the acquisition proceedings. The Single Judge of High Court allowed the writ petition. However, the Division Bench of High Court set aside the order of the Single Judge. Hence the present appeals. The question which arose for consideration in these appeals was whether Part II or Part VII of the Land Acquisition Act is applicable to the acquisition proceedings; that whether the Housing Scheme satisfied the requirement of section 27A of the West Bengal Housing Board Act, 1972; and whether the acquisition and the Scheme were a colourable exercise of power so as to give undue benefit to the private party-BP |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2009 INSC 389 |
Petitioner | Urmila Roy & Ors. |
Respondent | M/s.bengal Peerless Housing Development Company Ltd. & Ors. |
SCR | [2009] 4 S.C.R. 834 |
Judgement Date | 2009-03-23 |
Case Number | 1780-1781 |
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