Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Extraordinary Jurisdiction |
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 Allowed |
Headnote | Land Acquisition Act, 1894 - s.48(1) - Acquisition de- notified by de-notification dated 05.10.1999 - Single Judge of High Court set aside the de-notification - Order overturned by Division Bench - On appeal, held: While exercising extraordinary jurisdiction u/Article 226 of the Constitution, the Single Judge came across incongruities in the proceedings of the Hon'ble Minister which resulted in the issuance of de- notification dated 05.10.1999 - Order of the Single Judge in setting aside such a patent illegality cannot be held to be beyond the powers vested in the Constitutional Court - The Division Bench failed to take note of the gross illegality committed by the Hon'ble Minister while directing the issuance of the de-notification dated 05. 10. 1999 inspite of the fact that possession had already been handed over to the State as early as on 09. 12. 83 and that the decree of the Civil Court did not in any way create any fetters on the authorities concerned to take steps for possession by resorting to appropriate legal means - The Civil Court decree to that effect was dated 15.12.1981 and the possession was taken by taking necessary steps under the provisions of the Land Acquisition Act under the Mahazar dated 09. 12. 83 which was never challenged by any party much less the first respondent - The Division Bench completely omitted to take note of the relevant facts while interfering with the order of the Single Judge - Order of the Single Judge restored - Constitution of India, 1950 - Article 226 - Power of the writ court to correct errors apparent on the face of the record. |
Judge | N/A |
Neutral Citation | 2013 INSC 197 |
Petitioner | Bangalore Development Authority |
Respondent | M/s Vijaya Leasing Ltd. & Ors. |
SCR | [2013] 3 S.C.R. 140 |
Judgement Date | 2013-04-01 |
Case Number | 7141 |
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