Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 23 34 16 6 17 28 Land Acquisition Act-Ss. 4 |
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-Ss. 4, 6, 16, 17, 23, 28, 34 and 48:Acquisition proceeding in respect of a large area of land including disputed plot-The plot purchased by the claimant in an auction sale from the Government with stipulation that it was outside the purview of acquisition-Government transferred possession of the plot to Delhi Development Authority-- Land Acquisition Collector determining compensation-Acceptance thereof by the owner/claimant-Suit for declaring the acquisition proceedings illegal-Decreed by trial Court declaring the proceedings null and void-Appeal dismissed by Appellate Court-Suit for injunction restraining DDA from raising construction on the plot and possession-Decreed by trial Court-Appeal dismissed by Appellate Court-High Court dismissed second appeal-Issuance of fresh notification and declaration by the .Government and raising of construction by DDA-Challenge to-High Court directing payment of compensation but denied demolition of construction-Award made by Collector determining compensation, solatium and interest-Challenge to-Affirmed by High Court except interest-On appeal, Held: Publication of notification sine qua non for any land acquisition proceeding-Taking over possession prior to "'issuance of notification neither contemplated nor recognized -Thus, market value of the land/compensation/solatium could be determined as on the date of publication of notification-Since earlier proceeding declared null and void, claimant not entitled to compensation or interest thereto for anterior period-Acquisition proceedings could not be rendered invalid merely on the ground that the plot was stated to be kept outside the purview of the notification.Dispossession prior to issuance of notification-Relief-Held: Collector may determine rent/damages and interest thereon in lieu of use of the property to which landowner is entitled.Words and Phrases: 'Acquisition' and 'taking possession '-Meaning of in the context of Land Acquisition Act. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2004 INSC 166 |
Petitioner | R.l. Jain (d) By Lrs. |
Respondent | Dda And Ors. |
SCR | [2004] 2 S.C.R. 1156 |
Judgement Date | 2004-03-12 |
Case Number | 5515 |
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