Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 39 r/w. s.41 1894: 88.30) (vi) Land Acquisition Act 5-A 6(1) 4(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: ss.3(j)(vi),4(1),5-A,6(1), 39 r/w. s.41— Hiring middleman for acquisition of lands from State Government — Respondent- cooperative society entered into agreement with agency to get lands acquired in its favour from State Government for formation of house sites ~ Proprietor of agency was required to act as a middle man between the State Government and respondent-cooperative society ~ State Government issued impugned notification u/ss. 4(1) and 6(1) for acquisition of lands for formation of house sites by respondent- cooperative society, stating it to be for ‘public purpose’ u/s.3() (vi) — Held: Acquisition proceedings in the instant case cannot be said to be one for ‘public purpose’ as defined u/s.3(f)(vi), especially in light of the fact that not only was there no scheme formulated by the respondent-cooperative society and approved by the State Government for the said purpose before initiating the acquisition proceedings, but evidence clearly indicated that the respondent- cooperative society paid consideration to agency to act as the agent between it and the State Government, to ensure that the lands of the original land owners are acquired in its favour — Hiring middlemen to get lands of poor agricultural workers acquired by the State Government in favour of Cooperative Society is abhorrent and cannot be granted the sanction of law — Thus, impugned notifications issued u/s.4(1) and s.6(1) suffer from not only legal mala fides but also legal malice, which amounts to colourable exercise of power by the State Government and therefore, the same are liable to be quashed — Right ta Fair Compensation and Transparency in Land Acquisition, Rehabilitation and re-settlement Act, 2013 ~ s.24(1)(a) — General Clauses Act, 1897-s.6. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 867 |
Petitioner | R. Rajashekar And Ors. |
Respondent | Trinity House Building Co-operative Society And Ors. |
SCR | [2016] 4 S.C.R. 763 |
Judgement Date | 2016-09-15 |
Case Number | 9091-9119 |
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