Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: ss. 4, 5A and 6 - Notification by appellant uls. 4 for acquiring lands in several villages, including the land of respondent no. I - Notification also carved out exceptions inter ali{l with respect to lands in respect of which building plans were sanctioned by MCD before 5.11.1980 - Respondent No. I land covered under .such exemption '-- Enquiry by appellant u/s.5A seeking objections claiming exemption of land from acquisition on the basis of aforesaid exception -" No exemption claimed by respondent no. 1 - Final declaration issued u/s. 6 acquiring lands including respondent ,10.l s land - Writ petition by respondent no. 1 before High Court, avowed - Plea of appellant that it was incumbent upon respondent no. l to file objections u/s.5-A to claim exemption and since no such exemption was claimed, the same was deemed to have been waived - Plea of respondent no. I that since its land was exempted in the .notification u/s.4, it remained under the impression that there was no requiremenuo file any objection seeking exemption u/s. 5-A - On appeal, held: Notification issued u/s. 4 was with respect to the large chunk of area, comprised in several villages - Thus, it was necessary to claim exemption by filing objections u/s. 5A - Otherwise, there was no other mechanism available to ascertain as to which particular piece of I.and out of the lands so notified were granted sanction for building plan before 05.11.1980 - However, admittedly, respondent no. 1 did not file any objection u/s. 5-A to seek exemption G from acquisition on the basis of the aforesaid sanction - Thus, having failed to do so, respondent no. I waived its rights. s. 6 - Declaration under - Dispute as to whether declaration issued u/s.6 was time barred as per proviso to s.6(1) - Computation of periods referred to in the first proviso - Held: The period. during |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 293 |
Petitioner | Delhi Administration & Anr. |
Respondent | Kidarnath Mohindernath & Anr, |
SCR | [2017] 3 S.C.R. 510 |
Judgement Date | 2017-03-30 |
Case Number | 1888 |
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