Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894 — Whether invocation of s.17 (1) and (2) mandates invocation of 8.17 (4) - Applicability of s.17(1) and 17(2) on one hand and s.17(4) on the other — |
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 — Whether invocation of s.17 (1) and (2) mandates invocation of 8.17 (4) - Applicability of s.17(1) and 17(2) on one hand and s.17(4) on the other —Two different fields of operation — Extent of emergency determines application of respective clauses of s.17 — In the present case, the State departed from its initial stand of invoking s.17(4) and gave landowners the opportunity contemplated by s. 5A, however, took possession of the land prior to the passing of the award by invoking the provisions of s.17(1) — Land-owners contended that since the provisions of s.17(4) of the Act were initially invoked but subsequently abandoned and objections allowed to be filed, the State cannot later turn back and take possession of the land, prior to passing of award, u/s.17(1) - On appeal, held: s.17(1) and s.17(2) vest power and jurisdiction in the State to take possession of the land even prior to the passing of award, while s.17(4) enables the State to take stich possession even by dispensing with the requirement of the opportunity contemplated w/s. SA — 8,17(1) and 17(2) on the one hand and s.17(4) operate in two different fields — It is the extent of urgency/emergency that determines the application of the respective clause/sub-sections of 5.17 — Thus, dispensation of the opportunity contemplated by s.5A by invoking s.17(4) is not an invariable consequence of the invocation of s.17(1) or (2) — Further, mere fact that compensation u/s.17(3A) was paid after the date of taking over of possession, would by itself not invalidate the acquisition — Impugned acquisition does not suffer from any fundamental flaw/illegality ~ High Courts judgment setting aside the acquisition set aside. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 589 |
Petitioner | State Of Uttarakhand & Ors. |
Respondent | Rajiv Berry & Ors. |
SCR | [2016] 5 S.C.R. 140 |
Judgement Date | 2016-08-10 |
Case Number | 6900 |
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