Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 acquisition proceedings Land Acquisition Act Surajkund Tourist Complex |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: ss.4 and 6 - Acquisition Notification of land measuring 172 kanals 19 marlas in village Lakarpur, District Faridabad - Out of that 129 kanals 14 marlas owned by respondent no.1 - Purpose of acquisition was expansion and systematic development of Surajkund Tourist Complex - High Court quashed the Notification - High Court also applied the equity doctrines of promissory estoppel and legitimate expectation in favour of respondent no. 1- On State's appeal, held: The land in question was under acquisition in 1992 but proceedings were dropped after Supreme Court's order in M.C. Mehta's case - In 1993, respondent no. 1 purchased the said land - In 1998, the authorities were directed to consider the plan of hotel project submitted by respondent no. 1 - Fresh acquisition proceedings initiated by the State - High Court has erred in quashing the acquisition of land in question by applying doctrine of promissory estoppel and legitimate expectation in the facts of the present case - The purpose i.e. for expansion and systematic development of Surajkund Tourist Complex is a public purpose - It included development of parking area adjacent to the Surajkund Tourist Complex near annual Surajkund Fair - High Court was incorrect in holding that the State has not acted bona fide after 1992 acquisition proceedings were dropped - Earlier proceedings were dropped in the light of M.C. Mehta's case in 1996 restraining construction in the area and after modification in the said order in 1998, the State took fresh decision to acquire the land for public purpose and there was no illegality in the same. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 62 |
Petitioner | State Of Haryana |
Respondent | Eros City Developers Pvt. Ltd. And Others |
SCR | [2016] 1 S.C.R. 242 |
Judgement Date | 2016-01-19 |
Case Number | 354 |
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