Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 23 [1] 31 [3] 1894-Sections 4 16 Land Acquisition Act 18 8 11-A |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894-Sections 4, 8, 11-A, 16, 18, 23 (1), 31 (3). Acquisition-Award made-Compensation paid-Reference proceedings pending for determination of adequate compensation-Directions sought for not to eject till proceedings become final-Held, once the award has been made and compensation has been paid the LAO is entitled to take possession and the possession thereby stands vested in the State free from all encumbrances-State not obliged to provide alternative site-No directions can be issued not to eject the appellants till the reference proceedings become final. Constitution of India, 1950-Article 21-Applicability of in respect of Compulsory Acquisition of land by State-Owners unwilling to offer their lands-Whether violates Article 21-Held : No-The Land Acquisition Act provides solatium for compulsory acquisition. The acquisition is in accordance with law. Article 21 will not apply when the State is exercising its power of eminent domain. Therefore the acquisition does not violate right to livelihood or right to shelter or dignity of person. Practice and Procedure-New plea-Question raised before High Court but not argued-Held, mixed question of facts or law cannot be allowed to be raised for the first time in appeal. The Land Acquisition Officer issued a notification to the petitioner Housing Society to acquire their land for public purpose. A declaration was made and the award was passed. Thereafter, the LAO determined the compensation at a sum of Rs. 13,11,2899.00 for the entire society. Dissatisfied with the amount of compensation offered by the LAO a reference under Section 18 was made which was pending for decision in the Court. In the meantime the petitioner filed a writ petition. It was contended on behalf of the appellant that the Acquisition was violative of Article 21 of the Constitution as it violated the dignity of the person and deprived his right to shelter and also made him shelterless. Dismissing the appeal and the Writ Petition |
Judge | N/A |
Neutral Citation | 1995 INSC 834 |
Petitioner | New Reviera Co-op. Housing Society |
Respondent | Special Land Acquisition Officer |
SCR | [1995] Supp. (6) S.C.R. 169 |
Judgement Date | 1995-12-04 |
Case Number | 11876 |
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