Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act Ss. 4 and 17(1)(4) 1894 |
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, 1894; Ss. 4 and 17(1)(4)/Requisitioning and Acquisition of Immovable Property Act, 1953/Defence of India Rules:Acquisition proceedings in respect of certain properties-Issuance of Notification-Challenge to-Quashed by High Court-On appeals, Held: The property/properties could be acquisitioned by the Government on ground of urgency-However, existence of exigency could be ascertained on the basis of surrounding circumstances and available material on record and to the subjective satisfaction of the authorities concerned-While applying urgency clause the State should indeed act with due care and responsibility--Invoking of urgency clause cannot be a substitute or support for the laxity, lethargy or lack of care on the part of the State Administration-There was no material circumstances to support invoking of urgency clause by the authorities concerned.Appeals filed in other connected matters on ground that facts and circumstances are distinguishable-Held:-The Notification was common and composite in respect of all the properties-Since facts and circumstances in the connected cases are similar, the ratio of the decision could appropriately be applied. Section 17-Acquisition of immovable properties on ground of urgency -Exercise of extra-ordinary power-Held: It could be resorted to only in exceptional case of real urgency for public purpose since it not only deprives a land owner of his right to file objections in respect of the property proposed to be acquisitioned but also dispenses with the inquiry under Section 5A of the Act.Section 5(A)(3)-Acquisition proceedings-Tenants-Right to challenge-Held: A tenant having sufficient subsisting interest in the land/property could challenge it. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2004 INSC 322 |
Petitioner | Union Of India And Ors. |
Respondent | Krishan Lal Arneja And Ors. |
SCR | [2004] Supp. (1) S.C.R. 801 |
Judgement Date | 2004-04-28 |
Case Number | 2735 |
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