Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894: s. 5-A - Right of land owners to fife objections |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894: s. 5-A - Right of land owners to fife objections - Held: The rule of natural justice is ingrained in the scheme of s. 5-A of the Act with a view to ensure that before any person is deprived of his land by way of compulsory acquisition, he must get an opportunity to oppose the decision of the State Government and/or its agencies/instrumentalities to acquire the particular parcel of land - s. 5-A embodies a very just and wholesome principle that a person wflose property is being or is intended to be acquired should have a proper and reasonable opportunity of persuading the authorities concerned that acquisition of the property belonging to that person should not be made.s.5-A - Duty of Land Acquisition Collector- Held: Land Acquisition Collector is duty-bound to objectively consider the arguments advanced by the objector and make F recommendations, duly supported by brief reasons, as to why a particular piece of land should or should not be acquired and whether the plea put forward by the objector merits acceptance - s.5-A confers a valuable right in favour of a person whose lands are sought to be acquired - Hearing G given to a person must be an effective one and not a mere formality - Formation of opinion as regard the public purpose as also suitability thereof must be preceded by application of mind having due regard to the relevant factors and rejection of irrelevant ones - The very person/officer, who accords the B c hearing to the objector must also submit the report! take decision on the objection and in case his successor decides the case without giving a fresh hearing, the order would stand vitiated having been passed in violation of the principles of natural justice.s.5-A - Objections filed by tenure-holders u/s.5-A - Not considered by the statutory authority in strict compliance of principles of natural justice - Subsequent proceedings rightly quashed. s.5-A - Major chunk of land notified uls.4 notification - Writ petition challenging the acquisition proceedings - Land acquisition proceedings quashed - State Government not 'Shallenging the same and the decision attained finality - For D about a decade following the said judgment, proceedings in other cases were also quashed and those decisions were not challenged and thus, also attained finality - Also large number of cases filed before Supreme Court stood dismissed as the State did not take steps to serve the land owners - In E such a fact scenario, where in respect of major chunk of land, the land acquisition proceedings had been quashed long back and which had attained finality, the scheme of planned development cfr Delhi cannot be executed at such a belated stage in view of the fact that vacant land in continuous stretch F may not be available.Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:s.24 - Proceedings initiated under Land Acquisition Act, 1894 - In view of sub-section (2) of s.24 of the Act of 2013, if the physical possession of the land has not been taken by the Acquiring Authority though the award is passed and if the compensation has not been paid to the land owners or has not been deposited before the appropriate forum, the H proceedings initiated under the Act, 1894 is deemed to have been lapsed - In the instant case, admittedly, the award was made on 5. 6. 1987 and possession was not taken till date though compensation was deposited with the Revenue Department - Deposit of amount of compensation in state's revenue account is of no avail and cannot be termed as deemed payment - Therefore, proceedings initiated under the Act, 1894 deemed to have been lapsed - Land Acquisition Act, 1894. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 368 |
Petitioner | Union Of India & Ors |
Respondent | Shiv Raj & Ors. |
SCR | [2014] 8 S.C.R. 751 |
Judgement Date | 2014-05-07 |
Case Number | 5478-5483 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |