Content Provider | Supreme Court of India |
---|---|
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 - ss.4, 5A, 6, 17(1) and 17(4) - Metro Railways in Delhi - Acquisition o; land for purposes of Metro Railways - Applicability of the LA Act - Whether in view of the provisions of the Metro Railways Act, which was applicable to the city of Delhi, the land for the purpose of construction of Metro Railway could and should only be acquired under the provisions of the said Act and not under the provisions of the LA Act - Held: There is no express provision in the Metro Railways Act repealing applicability of the provisions of the LA Act - So long as there is no specific repeal of applicability of the LA Act for the purpose of acquiring land for establishing metro railways it cannot be presumed that there is an implied repeal -- The Metro Railways Act was enacted by the legislature, in order to provide additional provisions for construction of Metro Railways or other works connected therewith but it was not made obligatory by the legislature to invoke only the provisions of the said Metro Railways Act in case of acquisition of land for construction of Metro Railways or other works connected therewith - It is left upon to the discretion of the concerned competent authority to take recourse to any of the aforesaid provisions making it clear that if resort is taken to the provisions of LA Act, the said provisions could only be made applicable and no provision of the Metro Railways Act would then be resorted to - Similarly, if provisions of the Metro Railways Act is taken resort to, then only such provisions would apply and not the provisions of the LA Act - There is no bar or prohibition for the authority to take recourse to the provisions of the LA Act which is also a self-contained Code and also could be taken recourse to for the purpose of acquiring land for public purposes like construction of Metro Railways and works connected therewith - Metro Railways (Construction of Works) Act, 1978 - ss. 17, 40 and 45. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 270 |
Petitioner | Shanta Talwar & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2011] 6 S.C.R. 38 |
Judgement Date | 2011-02-05 |
Case Number | 3072-3073 |
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