Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: Sections 17(1) and (4). 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: Sections 17(1) and (4). Land Acquisition-Urgency and emergency of-Dispensing with inquiry under S.5-a-Government's power-Held : the question of urgency of an acquisition under s.17(1) and (4) of the Act is a matter of subjective satisfaction of the Government-If the Government is satisfied that there exists an emergency the same should not be lightly interfered with by the Court unless the authority has taken the decision malafide--The burden of establishing malafide is very heavy on the person who alleges it. The appellant initiated acquisition proceedings by issuing a notification under Section 4 of the Land Acquisition Act, 1894 in respect of the suit premises which was under the occupation of the students of a Medical College. But the said notification was quashed by the High Court. A fresh notification under Section 4 of the Act was again issued. The High Court quashed the second notification also and directed that vacant possession of the premises be handed over within six months. Thereafter, a third notification was issued under Section 4(1) and 17(4) of the Act in respect of the same premises dispensing with inquiry under Section 5-A of the Act. The High Court quashed this notification also on the grounds that vacant possession of the premises not having been handed over the acquisition was malafide, that no grave urgency and emergency existed and, therefore, invocation of power under Section 17(4) got vitiated. Hence this appeal. On behalf of the appellant it was contended that the High Court ought not to have interfered with the subjective satisfaction of the authority in the matter of urgency. On behalf of the respondents it was contended that as the possession of the premises was with the acquitting authority there existed no urgency and, therefore, exercise of power under Section 17 dispensing with inquiry under Section 5-A was patently erroneous. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 129 |
Petitioner | First Land Acquisition Collector |
Respondent | Nirodhi Prakash Gangoli And Anr. |
SCR | [2002] 2 S.C.R. 326 |
Judgement Date | 2002-03-07 |
Case Number | 1913 |
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