NDLI: U.p. Awas Evam Vikas Parishad Through Housing Commissioner Vs. Ram Singh (d) Th. Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Actual Possession Land Acquisition Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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 Dismissed
Headnote	Land Acquisition Act, 1894:s. 48 – Scope of – ‘Actual’ Possession – Completion of acquisition not compulsory, but compensation to be awarded when not completed – Acquisition of land u/s. 28 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 – Urgency Clause invoked – Actual Possession of acquired land not taken – Notification purporting to exempt the acquired land in question – Representation by the beneficiary of the acquisition – By notification dated 25.04.2008 exemption notification cancelled and concerned department was directed to consider the matter – Writ petitions by land owner, challenging the notification dated 25.04.2008 – High Court allowed the petition – On appeal, held: Decision to withdraw from acquisition is justiciable– Such withdrawal must be preceded by offering an opportunity to the beneficiary – Notification under Section 48 has been issued on 07.07.2005 and the contents of the notification would tend to indicate, inter alia, that possession of the land was not taken and taking of possession is not actual possession – The taking of possession which would prevent the exercise of power u/s. 48 must be taking of khas possession or actual possession – Appellants have not been able to establish any notice u/s. 9(3) which was issued for acquisition of land of the Respondent – Beneficiary-appellant has not made out a case for interference with the impugned orders. Constitution of India, 1950: Art. 300A – No person shall be deprived of his property save by authority of law - Held: An acquisition of land is permitted to be made in public interest – Art. 300A declares that it is a constitutional right of a person to protect his property from deprivation and deprivation can be permitted only in accordance with law.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2022 INSC 448
Petitioner	U.p. Awas Evam Vikas Parishad Through Housing Commissioner
Respondent	Ram Singh (d) Th. Lrs. & Ors.
SCR	[2022] 19 S.C.R. 853
Judgement Date	2022-04-20
Case Number	3023-3024

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U.p. Awas Evam Vikas Parishad Through Housing Commissioner Vs. Ram Singh (d) Th. Lrs. & Ors.

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U.p. Awas Evam Vikas Parishad Through Housing Commissioner Vs. Ram Singh (d) Th. Lrs. & Ors.

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