Content Provider | Supreme Court of India |
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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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss. 17(1) & (4) and 5-A: Acquisition of land - Power of eminent domain - Power c conferred upon the State to acquire private property - Invocation of urgency clause and dispensing with enquiry as envisaged under s.5-A - When permissible - Principles restated. Writ petition filed by appellants questioning the acquisition .of their/and for planned industrial development of District Gautam Budh Nagar through Greater NOIDA Industrial Development Authority by invoking s.17(1) and 17(4) of the Act, as amended by Uttar Pradesh Act No.8 of 1974 - Plea of appellants that there was no justification to invoke the urgency clause and to dispense with the inquiry envisaged under s. 5-A - High Court non-suited the appellants and dismissed the writ petition - On appeal, held: The appellants had succeeded in making out a strong case for deeper examination of the issues raised in the writ petition and the High Court committed serious error by summarily non-suiting them - The assertion by the appellants that there was no urgency in the acquisition of land; that the concerned authorities did not apply mind to the relevant factors and records and arbitrarily invoked the urgency provisions and G thereby denied him the minimum opportunity of hearing in terms of s.5-A(1) and (2), should have been treated by the High Court as sufficient for calling upon the respondents to file their response and produce the relevant records to justify the invoking of urgency provisions - On facts, the acquisition was primarily meant to cater private interest in the name of industrial development of the district - Even if planned industrial development of the district is treated as public purpose within the meaning of s. 4, on facts there was no urgency which could justify the exercise of power by the State Government under s.17(1) and 17(4) - The time required for ensuring compliance of the provisions contained in s. 5-A cannot, by any stretch of imagination, be portrayed as delay which will frustrate the purpose of acquisition - There was no warrant to exclude the application of s.5-A which represent the statutory embodiment of the rule of audi alteram partem - There is also merit in the appellants' plea that the acquisition of their land was vitiated due to violation of the doctrine of equality enshrined in Article 14 of the Constitution inasmuch as the respondents adopted the policy of pick and choose in acquiring some parcels of land - The Court cannot refuse to protect the legal and constitutional rights of the appellants merely because some other landowners did not come forward to challenge the illegitimate exercise of power by the State Government - Respondent No. 1 directed to pay cost of Rs. 5, 00, 0001- to the appellants for forcing unwarranted litigation on them - However, the respondents shall be free to proceed from the stage of s.4 notification and take appropriate action after complying with s.5-A(1) and (2) - If the appellants fee/ aggrieved by the fresh exercise F undertaken by the State Government then they shall be free to avail appropriate legal remedy - Constitution of India, 1950 - Article 14. Constitution of India, 1950 - Article 226 and 300A - Acquisition of land - Invocation of s.17(1) and/or 17(4) - Writ petition filed by landowner under Art.226 - Held: While examining the land owner's challenge to the acquisition of land in a petition filed under Article 226, the High Court should not adopt a pedantic approach - It should decide the matter H keeping in view the constitutional goals of social and 1 economic justice and the fact that even though the right to property is no longer a fundamental right, the same continues to be an important constitutional right and in terms of Article 300-A, no person can be deprived of his property except by authority of law - In cases where the acquisition is made by invoking s.4 read with s.17(1) and/or 17(4), the High Court should insist upon filing of reply affidavit by the respondents and production of the relevant records and carefully scrutinize the same before pronouncing upon legality of the impugned notification/action because a negative result without examining the relevant records to find out whether the competent authority had formed a bona fide opinion on the issue of invoking the urgency provision and excluding the application of s.5-A is likely to make the land owner a landless poor and force him to migrate to the nearby city only to live in a slum - A departure from this rule should be made only when land is required to meet really emergent situations like those enumerated in s. 17(2) - If the acquisition is intended to benefit private person(s) and the provisions contained in s.17(1) and/or 17(4) are invoked, then scrutiny of the justification put forward by the State should be more rigorous and relief should not be denied to the petitioner by applying the technical rules of procedure embodied in the Code of Civil Procedure and other procedural laws - While dealing with challenge to the acquisition of land belonging to those who suffer from handicaps of poverty, illiteracy and ignorance and do not have the resources to access the material relied upon by the functionaries of the State and its agencies for forming an opinion or recording a satisfaction that the urgency provisions contained in s.17(1) should be resorted to and/or the enquiry envisaged under s. 5A should be dispensed with, the High Court should not literally apply the abstract rules of burden of proof enshrined in the Evidence Act - Land Acquisition Act, 1894 - ss. 17(1) & (4) and 5-A. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2011 INSC 304 |
Petitioner | Sri Radhy Shyam (d) Through Lrs. & Ors. |
Respondent | State Of U.p. & Ors. |
SCR | [2011] 8 S.C.R. 359 |
Judgement Date | 2011-04-15 |
Case Number | 3261 |
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