Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - ss. 4 5A Land Acquisition Act 6 and 17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 — ss. 4, 5A, 6 and 17 — Realignment of road and planning of bypass by Government — Acquisition of large chunk of land vide two notifications — Vide first notification, land acquired for development of proposed road-Missing Link-I! on the route ~ By the second notification, land acquired for the development of residential urban estate along with the proposed road, mainly to adjust oustees of the said road — Award passed — Writ petition challenging the Notifications ~ Plea that land not utilised entirely for construction of the Said proposed road but large portion of the acquired land used for commercial purpose not stated in the Notification ~ Dismissal of writ petition - On appeal, held: Need of land for construction of Missing Link-I! duly established — In the Notification, land is acquired for development — From reading the notification, a common person with reasonable prudence cannot visualise that the part of land is sought to be exploited for commercial development as well — With no Such specific stipulation, landowners were deprived of an effective opportunity to file the objections u/s. 5-A ~ Hidden purpose for acquiring ‘surplus’ land, apart from constructing Missing Link-ll, was to develop it as commercial area so that the finances could be arranged for construction of road cannot be treated as public purpose — Notifications to the |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 261 |
Petitioner | Mohan Singh Gill & Ors. Etc. |
Respondent | State Of Punjab & Ors. Etc. |
SCR | [2015] 5 S.C.R. 542 |
Judgement Date | 2015-03-25 |
Case Number | 3177-3178 |
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