Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition :Land Acquisition Act, 1894-Sections 4, 5A, 6, 48-A batch of writ petitions for quashing the acquisition proceedings allowed by High Court on the ground that satisfaction of the Lt. Governor under Section 6 was vitiated as objections filed were not properly considered-Applicant not having filed any objections, seeking benefit of the said judgment for quashing acquisition proceedings qua his land-Legality of-Held, those claimants who have not.filed objections cannot be permitted to contend that Section 5A inquiry is vitiated so far as they are concerned-Applicant not having filed objections on grounds personally applicable to him or his land seeking exclusion from acquisition, the objections in that behalf must be deemed to have been waived-However, DDA having represented to the applicant that acquisition proceedings had been quashed and applicant having constructed a building on that representation, estoppel prima facie arising in favour of the applicant-Applicant's case directed to be considered sympathetically for release of his land-Indian Soldiers (Litigation) Act, 1925-Section 10-Indian Evidence Act, 1872-Section 115. Declaration that land is required for a public purpose-Satisfaction of Government-Requirement of-Held, no reasons or other.facts need be mentioned in Section 6 declaration on its face-If satisfaction is challenged, it would be sufficient if such satisfaction is proved by producing the record on the basis of which the declaration was issued-While referring to its satisfaction, the Government need not refer to every piece of particular land-It is sufficient if the authority which conducts-Section 5A inquiry has considered the objections raised in relation to any particular land. Supreme Court Rules, 1966-Order XL, Rules I and 35-Review applications-Restraint in filing, emphasised-Practice of filing review applications in the garb of applications for 'clarification', 'modification' or 'recall' to avoid listing in chambers by way of circulation and obtain a hearing in the open court-Permissibility of.Practice and Procedure :Matter disposed of by one order and reasons thereto provided in a subsequent order-Held, the latter order containing reasons cannot go beyond A the four corners of the order already passed.Words and Phrases : 'Rule nisi' and 'Rule obsolute'-Meaning of-Explained. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 2000 INSC 405 |
Petitioner | Delhi Administration |
Respondent | Gurdip Singh Uban And Ors. Etc. |
SCR | [2000] Supp. (2) S.C.R. 496 |
Judgement Date | 2000-08-18 |
Case Number | 4656 |
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