Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | LAND ACQUISITION |
Content Type | Text |
Resource Type | Law Judgement |
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 Dismissed |
Headnote | LAND ACQUISITION ACT, 1894: s.48 - Resolution by Development Authority to withdraw acquisition in respect of a part of the land acquired - Held: Once the land is acquired and mandatory requirements are complied with including possession having been taken, the land vests in the State Government free from all encumbrances - Merely because some land was left at the relevant time, that does not give any right to the Authority to send proposal to the Government for release of the land in favour of the land owners.By Notification dated 27 .1.1990 issued u/s 4(1) of the Land Acquisition Act, 1894, land admeasuring 246.931 acres was proposed to be acquired for the purpose of construction of residential/commercial buildings under Planned Development Scheme by the Meerut Development Authority (MDA). Declaration u/s 6 read with ss. 17(1) and (4) was made on 18.3.1990. Notice u/s 9 was issued. Award was passed on 17.3.1992. By resolution dated 17.9.1997, the MDA decided to withdraw the acquisition of the land except 42.018 aces for which compensation had been paid.ยท However, the State Government decided not to accede to the decision of MDA for de-requisition of the land. In the writ petitions, the High Court, inter alia, directed MDA to press its resolution dated 17 .9.1997 if it was not in need of the land so acquired. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 221 |
Petitioner | Mahadeo (d) Through Lrs & Ors. |
Respondent | State Of U.p. & Ors. |
SCR | [2013] 2 S.C.R. 539 |
Judgement Date | 2013-04-08 |
Case Number | 2944 |
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