NDLI: Union of India and Another Vs. Mohiuddin Masood and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894 Land Acquisition Act ss.5A 6 17
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition Act, 1894: ss.5A, 6, 17 – Request made by ITBP for acquisition of land for establishing Battalion Headquarter of ITBP in view of increase in counter Insurgency Operations, Law and Order duties of ITBP, VVIP security duties and Disaster Management Operations – Urgent acquisition of land – High Court held that there were no justifiable reasons to invoke the urgency clause and to dispense with the enquiry u/s.5A of the Act – On appeal, held: For establishing Battalion headquarter, a large chunk of land approximately 72 to 75 acres of land was required – Such a huge land was required to be first identified at suitable places – Some time is bound to be consumed between the proposal and issuance of the notification under s.4 of the Act – The said aspect was not at all considered by the High Court – Therefore, merely that some time was taken in identifying the land and in issuing actual s.4 notification, High Court was not justified in observing that there was no urgency at all and/or there were no grounds to invoke the urgency clause – There was a real urgency and, therefore, urgency clause and s.17 was rightly invoked dispensing with the enquiry under s.5A of the Act. Land Acquisition Act, 1894: Acquisition of large chunk of land for establishing ITBP Battalion Headquarters – So far as respondent nos.1 and 2 original writ petitioners were concerned, out of the total land acquired, they were the owners/tenure holders of area 1.138 hectares, 1.2800 hectares and 0.2970 hectare only – The total land acquired was 28.1398 hectares and other land owners did not question the acquisition – Therefore, High Court ought not to have set aside the notifications under ss.4 and 6 respectively which were not under challenge by the other land owners except respondent nos.1 and 2.Land Acquisition Act, 1894: s.17(4) – Non-compliance of s.17(4) alleged – In the counter affidavit of Tehsildar, it was specifically stated that after the notification under s.4 of the Act was issued, the ITBP deposited the estimated amount of compensation in the year 2009/2010 itself and the land owners/tenure holders were served with the notice to withdraw and/or take 80% of the estimated amount of compensation but they refused to take the compensation – Therefore, thereafter it was not open for the original writ petitioners to make the grievance that they were not paid any compensation – Therefore, it cannot be said that there was noncompliance of s.17(4) of the Act
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 914
Petitioner	Union Of India And Another
Respondent	Mohiuddin Masood And Others
SCR	[2019] 10 S.C.R. 696
Judgement Date	2019-08-19
Case Number	6419

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Union of India and Another Vs. Mohiuddin Masood and Others

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Union of India and Another Vs. Mohiuddin Masood and Others

Union of India and Another Vs. Mohiuddin Masood and Others

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