NDLI: Madhya Pradesh Housing Board Etc. Vs. Mohd. Shafi and Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894 Land Acquisition Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Land Acquisition Act, 1894: Sections 4(1), 6( 1) and 17(1)- Acquisition of Land-Notification not disclosing with sufficient clarity details of land and public purpose for which land was sought to be acquired-Validity of. On a request from the Executive Engineer of the petitioner Housing Board, the State Government issued a notification under Sections 4(1) and 17(1) of the Land Acquisition Act and a declaration under Section 6 of the Act for the acquisition of 2.298 hectares of land in the village mentioned in the Schedule to the Notification under Section 4(1), for the purpose of construction of buildings and shops under self financing scheme. The respondent filed a Writ Petition before the High Court challenging the validity of the notification as also the declaration, on various grounds, including that the notification under Section 4(1) of the Act was vague and invalid for non-compliance with the mandatory requirements of the Act and that recourse to the urgency provisions under Section 17(1) of the Act could not be had since the land was not ''waste or arable", which was sine qua non for exercising powers under Section 17(1) of the Act. Allowing the Writ Petition, the High Court quashed the acquisition proceedings. Hence the appellant, the Madhya Pradesh Housing Board filed Special Leave Petition before this Court. On behalf of the appellant Board, it was contended that since the acquisition of land had been made at the request of the Housing Board of a large extent of land, absence of providing detailed particulars of the land or the locality where it was situate, could not vitiate the notification, more so, when sufficient particulars had been provided in the declaration issued under Section 6(1) of the Act wherein it had also been indicated that the site plan of the land was available in the office of the Collector; that the "public purpose" mentioned in the schedule to the notification issued under Sections 4(1) and 17(1) of the Act, as also in the notification issued under Section 6(1) of the Act, was sufficiently clear and the finding of the High Court that the notifications were vague on that account was incorrect and that absence of a finalised housing scheme could not vitiate the acquisition proceedings and that the High Court was in error in holding that recourse could not be had to the urgency provisions under Section 17 of the Act.
Judge	Honble Dr. Justice A.S. Anand
Neutral Citation	1992 INSC 44
Petitioner	Madhya Pradesh Housing Board Etc.
Respondent	Mohd. Shafi And Ors. Etc.
SCR	[1992] 1 S.C.R. 657
Judgement Date	1992-02-13
Case Number	8788

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Madhya Pradesh Housing Board Etc. Vs. Mohd. Shafi and Ors. Etc.

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