Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Successive Notifications |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894 - ss.4 and 6 - Successive Notifications under s.41 Declarations under s.6- Effect- Held: The effect would be that earlier notification/declaration stands obliterated/ superseded and in such a fact-situation, it would not be permissible for either of the parties to make any reference to the said notifications/ declarations which stood superseded - On facts, s. 4 Notification dated 26. 3. 1983 and Declaration u/s.6 dated 13.5.1983 superseded all earlier notification/declaration - However, no proceedings were taken in pursuance of the said notification/declaration issued in the year 1983 and after commencement of the Amendment Act 1987, the said notification/declaration made in the year 1983 stood elapsed as no award had been made within the period stipulated under the Act - Thus, there can be no sanctity to any of the acquisition proceedings initiated by the respondents so far as the suit land is concerned, though the appellants stood dispossessed from his land in pursuance of the Notification u/s.4 dated 5.3.1963 -Appellants had been dispossessed without resorting to any valid law providing for acquisition of land, thus, entitled for restoration of possession of the land in dispute -However, considering the fact that possession of the land was taken over about half a century ago and a full-fledged residential colony of employees of DESU has been constructed on the said land, therefore, it would be difficult for respondent no. 1 to restore the possession - In such a fact-situation, the only option left out to the respondents is to make the award treating s. 4 notification as,on this date, i.e. 12.2.2013 - Land Acquisition Collector directed to makeĀ· award after hearing the parties within a period of four months - Appellants at liberty to file a reference u/s. 18 of the Act and to pursue remedies available under the Act - Appellants shall be entitled to all statutory benefits. |
Judge | N/A |
Neutral Citation | 2013 INSC 96 |
Petitioner | Bhimandas Ambwani (d) Thr. Lrs. |
Respondent | Delhi Power Company Limited & Ors. |
SCR | [2013] 1 S.C.R. 996 |
Judgement Date | 2013-02-12 |
Case Number | 204-205 |
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