Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rajasthan Land Acquisition Act, 1953 (24 of 1953) |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Land Acquisition (Amendment and Validation) Act, 1981: s. 5(2) - Validation of certain acquisitions - Notice u/s 4(5) of principal Act given prior to commencement of Amendment Act - Notification u/s 6 of principal Act issued , after more than 5 years of the commencement of the · Amendment Act - Held: The provision of sub-s. (2) of s.5 of Amendment Act leaves no manner of doubt that two years' time prescribed for making declaration u/s 6 in respect of the notice issued u/s 4(5) prior to the commencement of the 1981 Amendment Act is mandatory and permits no departure - Therefore, the preliminary notification, which was followed by notice u/s 4(5) before the commencement of the 1981 Amendment Act, has lapsed and does not survive since declaration u/s 6 has been made much beyond the time limit prescribed in law - The impugned orders are set aside - It is declared that preliminary notification dated 01.05.1980 has lapsed and the declaration made on 19.03.1987 is legally unsustainable - Rajasthan Land Acquisition Act, 1953 - ss. 4(5) and 6. Rajasthan Land Acquisition Act, 1953: ss. 5-A, 17(1) and 17(4) - Special powers in case of urgency - Acquisition of land for construction of bus stand - After a lapse of 7 years from the date of notification u/s 4, Notification u/s 6 issued and powers u/ 17(1) read with s/17(4)invoked dispensing with provision of s. 5-A - Held: Any construction of building (institutional, industrial, residential, commercial etc.) takes some time and, therefore, acquisition of land for such purpose can always brook delay of few months - Ordinarily, invocation of power of urgency by State Government for such acquisition may not be legally B sustainable - In the instant case, a very valuable right conferred on the land owner/person interested u/s 5-A has been taken away without any justification - It is so because construction of bus stand would have taken some time - The exercise of power by State government u/s 17(1) read with. 17(4) and dispensation of inquiry u/s 5-A cannot be legally sustained- Land Acquisition Act, 1894 - ss. 17(1), 17(4) and 5-A s. 17(1) read with. 17(4) - Exercise of power under- Affidavit with regard to - Held: Counter affidavit filed by Rajasthan State Road Transport Corporation is not relevant as s. 17 confers power of urgency only on the State government alone and it is the State government that has to justify that the urgency was so imminent that dispensation of inquiry u/s 5-A was necessary - Constitution of India, 1950- Art. 300-A - Eminent domain - Affidavit. In the instant appeal arising out of acquisition of appellants land for construction of a bus stand, the questions for consideration before the Court were: (i) "Whether invocation of power of urgency and dispensation of inquiry u/s 5-A after 7 years of issuance of preliminary notification u/s 4 of the 1953 Act are legally sustainable?" and (ii) "Whether preliminary notification u/ s 4 of the Rajasthan Land Acquisition Act, 1953 issued on 01.05.1980 has lapsed since declaration u/s 6 of that Act was made on 19.03.1987 after the expiry of two years · from the commencement of the Rajasthan Land Acquisition (Amendment and Validation) Act, 1981? |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2013 INSC 133 |
Petitioner | Laxman Lal (dead) Through Lrs. And Anr. |
Respondent | State Of Rajasthan And Ors. |
SCR | [2013] 2 S.C.R. 218 |
Judgement Date | 2013-03-01 |
Case Number | 6392 |
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