Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - ss. 4 Land Acquisition Act 6 SA 11 A and 17 - s.4 notification dated 18.01.2001 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894 ~ ss.4, 6, 5A, 11A and 17- s.4 notification dated 18.01.2001 — Invoking urgency provision u/s. 17(1) and 17(4) — Declaration u/s. 6 issued the next aay — The notification and the declaration challenged in the court by land-owners — Court passed interim order on 07.02.2002 -— The State on 08.02.2002 passed award, oblivious to the interim orders and took possession of certain parts of Schedule land — The High Court by order dated 12.1.2004 further quashed the declaration on the grounds that the State failed to adhere to mandatory requirement of payment of 80% compensation; and that it did not qualify as a case of urgency as the State failed to pass the award within one year from the date of the declaration — However, the High Court permitted the land-owners to file objections u/s. 5A within 30 days and also permitted the State to issue fresh declaration u/s. 6, ifit found substance in those objections — Objections filed on 11.02.2004 were dismissed — Fresh declaration u/s. 6 was issued on 30.12.2004 — The land- owners again challenged the s.4 notification dated 18.01.2002 as well as declaration dated 30.12.2004 — High Court quashed the acquisition proceedings holding that declaration dated 30.12.2004 was issued beyond the Statutory period from the date of s. 4 notification and that award was also not passed within two years, thus falling foul of s. 11A— On appeal, held: The entire exercise of land acquisition proceedings has to be completed within three years — There are lapses on the part of the State in the manner in which it conducted the acquisition - No compensation was paid at the time of invocation of urgency provision —- Once the State invoked s.17, it was necessary for it to tend the payment of 80% of the compensation — Section 17(3A) and 17(3B) cannot be rendered nugatory — The Declaration dated 30.12.2004 cannot be upheld and the same cannot be considered as continuation of initial Declaration — the order dated 12.1.2004 was erroneous and prejudicial to the landowners and hence the State cannot be permitted to rely on that— No party should suffer for the mistake of the Court — Order of High Court upheld. s.17 — Invocation of — By State — Without paying 80% of the compensation — Held: The State cannot be permitted ‘to invoke one part of s.17 while discarding another — If the manner of doing a particular act is prescribed under a statute, the act must be done in that manner or not at ail. ss.4 and 6 — Land acquisition — Payment of compensation to land-owners — Possession of the land taken by the beneficiary ~ Thereafter acquisition proceedings challenged — Held: As per s.24 of 2013 Act, the requirements for an acquisition to attain finality are passing of award, payment of compensation and taking of possession — in the present case, since the land-owners allowed the acquisition to become final, they cannot challenge it thereafter — In the facts of the case, challenge to acquisition proceedings was also belated — Hence, acquisition proceedings upheld — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — 8.24, Interpretation of Statutes — Expropriatory legislation — Interpretation of — Heid: Expropriatory legislation such as Land Acquisition Act, must be construed strictly — Legislation. Decree — Challenge to —- When — Held: A decree without jurisdiction is a nullity — Its invalidity could be a subject at any stage in any proceedings, even at the stage of execution. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 647 |
Petitioner | State Of Haryana & Anr. |
Respondent | Devander Sagar & Ors. |
SCR | [2015] 13 S.C.R. 1057 |
Judgement Date | 2015-09-07 |
Case Number | 318 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |