NDLI: Indore Development Authority Vs. Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Act Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam 1894 1973 ss. 50 and 54 ss.4 5A and 6
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (23 of 1973) Land Acquisition Act, 1894 (1 of 1894)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – ss. 50 and 54 – Land Acquisition Act, 1894 – ss. 4, 5A and 6 – Indore Development Authority (IDA) passed a resolution u/s. 50 of Act, 1973, declaring its intention to frame a residential scheme providing for other connected land uses – IDA published the said scheme – State Government by order delegated its power to the District Collector to act as Under Secretary – IDA started mutual negotiations with the landowners for procurement of their land for the scheme – Mutual negotiations failed – IDA moved the Collector for acquisition of the land – Notification u/s. 4 of the 1894 Act was published, and report u/s. 5A of the 1894 Act was filed before the Collector for approval – Declaration u/s. 6 was published – In year 1997, some lands were released from scheme – The notifications u/s.4 and s.6 of the 1894 Act was challenged before the Single Judge of the High Court, which in turn quashed the scheme framed by the IDA (on the ground that the same had lapsed in view of s. 54 of the 1973 Act) as well as the land acquisition proceedings initiated by the State Government – The IDA preferred appeals before the Division Bench of the High Court, which confirmed the order of the Single Judge – On appeal, held: Within three years various steps were taken for implementation of the scheme including the steps to acquire the land by negotiations and thereafter approaching the State Government to acquire the land, the High Court has erred in declaring that the scheme has lapsed – High Court has adopted too narrow a meaning while interpreting s. 54 of 1973 Act – Further held, merely because s. 5A has not been mentioned in the order of State Government delegating its power, the entire acquisition proceedings cannot be declared illegal – When the Collector has exercised the power of the appropriate Government and a declaration u/s. 6 has been issued after considering the report on the objections u/s. 5A, the High Court has seriously erred in quashing the entire acquisition proceedings – Also, it cannot be said that the release of the land was arbitrary and/or with an object of undue favour to those persons whose lands have been released – Release of the land which according to the authority was for valid reasons or valid grounds has not prejudiced or affected the integrity of the scheme – As the integrity of the scheme remains the same, thus, the finding of High Court is unsustainable.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 200
Petitioner	Indore Development Authority
Respondent	Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar And Others
SCR	[2023] 2 S.C.R. 84
Judgement Date	2023-03-03
Case Number	5071

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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