Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 17 and 6 - 1897: Section. 5-A 4 LAND ACQUISITION ACT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | LAND ACQUISITION ACT, 1897:Section. 5-A, 4, 17 and 6 - Acquisition of land for construction of district jail - Invoking of s. 17 ( 4) and dispensing with s.5-A inquiry- HELD: There being more than 11 months gap between ss. 4 and 17 notification and s. 6 declaration, this itself indicates that there was no urgency for invoking provisions of s.17(4) and denying the land owners their right u/s 5-A - Notification u/s 4 and declaration u/s 6 are quashed so far as they relate to appellants - Possession of appellants over their lands not to be interfered with except in accordance with law.Section 3(f) read with ss. 5-A and 17(4)- Public purpose - HELD : Construction of a district jail is public purpose - The concept of public purpose in land acquisition has to be viewed from an angle which is consistent with the concept of a welfare State - Even though the concept of public purpose was introduced by pre-Constitutional legislation, its application must be consistent with the constitutional ethos and especially the chapter under Fundamental Rights and also the Directive Principles - In construing the concept of public purpose, the mandate of Article 13 of the Constitution that any pre- constitutional law cannot in any way take away or abridge rights conferred under Part-Ill must be kept in mind - If public purpose can be satisfied by not rendering common man homeless and by exploring other avenues of acquisition, the courts, before sanctioning an acquisition, must in exercise of its power of judicial review, focus its attention on the concept of social and economic justice - Concept of public purpose must also be read into provisions of emergency power u/s 17 with consequential dispensation of right of hearing u/s. 5-A - Constitution of India, 1950 - Article 13 - Parts Ill and IV - Social and economic justice.Sections 5-A and 17(4)- Hearing of objections - HELD: The Act is a drastic law being expropriatory in nature as it confers on the State a power which affects person's property right and, therefore, has to be construed very strictly - It is reiterated that the right conferred u/s 5-A has to be read considering the provisions of Article 300-A of the Constitution and so construed the right uls 5-A should be interpreted as being akin to a Fundamental Right and, therefore, the procedures which have been laid down for depriving a person of the said right must be complied with-Constitution of India, 195~Article 300-A-lnterpretation of Statutes. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 188 |
Petitioner | Dev Sharan & Ors. |
Respondent | State Of U.p. & Ors. |
SCR | [2011] 3 S.C.R. 728 |
Judgement Date | 2011-03-07 |
Case Number | 2334 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
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 |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |