Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894: c ss. 4(1) 6(1) 5A(2) and 9 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894:ss. 4(1), 6(1), 5A(2) and 9 - Acquisition of agricultural land - Issuance of notification and declaration u/ss. 4(1) and 6(1) - Passing of award by the Land Acquisition Collector - Writ petition by the appellant-land owner challenging the acquisition of land - On the ground of non-publication of 0 Notifications; not. given opportunity of hearing by the Land Acquisition Collector; not served notice as per the mandate; and that the possession of the land was still with him and the paper possession taken by the respondents was inconsequential - Writ petition dismissed by the High Court E - On appeal, held: No evidence to show that actual possession of the land on which the crop was standing had been taken after giving notice to the_ appellant nor was he present at the site when the possession of the acquired land was delivered to the State Industrial Infrastructure Development Corporation - Exercise undertaken by the F respondents showing delivery of possession was farce and inconsequential - Possession of the acquired land had not been taken from the appellant on the day on which the award was passed - Crops were standing on several parcels of land including the appellant's land and possession as such could not have been taken without giving notice to the landowners - Also it was not possible to give notice to large number of persons on the same day and take actual possession of land comprised in various survey numbers - Thus, the record prepared by the revenue authorities showing delivery of possession of the acquired land to the Development Corporation has no legal sanctity - High Court erred in dismissing the writ petition on the specious ground that possession of the acquired land had been taken and the same vested in the State Government in terms of s. 16 - More so, the appellant was not given opportunity of hearing as per the mandate of s.5A(2) - Thus, the acquisition of appellant's land is illegal and is quashed - State directed to pay appellant cost bf Rs. 2, 50, 0001 - Costs. Land acquisition - Approach of the State Government - State and its instrumentalities resorting to massive acquisition of agricultural land in the name of public purpose, without complying with the mandate of the statute - Justification of - Held: It is wholly unjust, arbitrary and unreasonable to deprive such persons of their houses/land/industry by way of acquisition of land in the name of development of infrastructure or industrialization - Before acquiring private land the State and/or its agencies/instrumentalities should, as far as possible, use land belonging to the State for the E specified public purposes - If the acquisition of private land becomes absolutely necessary, then the authorities must strictly comply with the relevant statutory provisions and the rules of natural justice. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 816 |
Petitioner | Raghbir Singh Sehrawat |
Respondent | State Of Haryana And Others |
SCR | [2011] 14 S.C.R. 1113 |
Judgement Date | 2011-11-23 |
Case Number | 10080 |
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