Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: ss. 3(a) and 49 - Acquisition of part of building - Without acquiring land underneath such building Land Acquisition Act |
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. 3(a) and 49 - Acquisition of part of building - Without acquiring land underneath such building - When the ownership of the land lies with the Government - Permissibility- Held: Definition of 'land' under s. 3 (a) is of wide connotation - The definition includes benefits arising out of land and things .attached to the earth or permanently fastened to anything attached to the earth - Since the owner of the building is different from the owner of the land, and if portion of that building is required/or public purpose, it is open to the State to acquire that portion of building u!s. 49 - Only the interest belonging to the owner has to be acquired - Government itse(f being the owner of the land, is not required to acquire the land - It was required only to acquire the private interest (in the building) - Such acquisition would not amount to overreach of the State's power of eminent domain or violation of Art. 300A of the Constitution - Constitution of India - Art. 300A. Interpretation of Statutes: Rules of interpretation - Interpretation must depend on the text and context - A statute is best interpreted when one knows why it was enacted - The Act must be looked at as a whole and discovered, what each Section, each clause, each phrase and each word was meant and designed to say as to fit into the Scheme of the entire Act - No part or word of statute can be construed in isolation. Words and Phrases: Word 'includes' - Meaning of; in the context of s. 3(a) of Land Acquisition Act, 1894 |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 945 |
Petitioner | State Of Maharashtra & Ors. |
Respondent | Reliance Industries Ltd. & Ors. |
SCR | [2017] 10 S.C.R. 330 |
Judgement Date | 2017-09-15 |
Case Number | 1699 |
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