Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - s. llA - Land acquisition Land Acquisition Act |
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 - s. 11A - Land acquisition proceedings - Notification uls. 4 r/w. s. 17 issued in January 1991 - Declaration u/s. 6 r/w. s. 17 in January 1992 - Land-owners (respondents) challenged emergency provision - During pendency of the litigation possession of the land was taken over by the State and award (dated August 17, 1996) was passed - Finally the acquisition was upheld by Supreme Court - However, liberty was granted to file representation - Land-owners filed representation for release of Land u/s. 48(1) which was rejected by State by order dated December 3, 1999 - Land-owners again challenged the order dated December 3, 1999 - This challenge also failed as the cases were dismissed by Supreme court in the year 2003 - Thereafter, in 2004, land-lords challenged the award dated August 7, 1996 on the ground that it was passed beyond the period of limitation as prescribed u/s. 11A - High Court agreed to the plea and directed to issue fresh notifications u/s. 4 and 6 and thereafter to make award u/s. 11A in order to cure the defect - On appeal, held: The land-lords having failed to challenge the award in the 1st and llnd round of litigation, the petition filed in the year 2004 challenging the mvard, is barred by the doctrine of /aches and delays as also by the provisions under Or. 11, r. 2 CPC - Also as the urgency provision u/s. 17 was upheld by Supreme court and possession of the land was taken u/s. 17(1), s. 11A would not get attracted- Code of Civil Procedure, 1908 - Or. 11, r. 2 - Delay/Laches. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 76 |
Petitioner | New Okhla Industrial Development Authority |
Respondent | Harkishan (dead) Through Lrs And Ors. |
SCR | [2017] 1 S.C.R. 572 |
Judgement Date | 2017-01-27 |
Case Number | 5170 |
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