Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 – ss.4(1), 6 – In 1943, Govt. of India requisitioned 4 acres and 34 gunthas of land bearing Survey No. 120/2 (Part) of Village Malad, Mumbai – In 1949, 2.68 acres land out of the aforesaid land was de-requisitioned – In 1975, notification was issued u/s.4(1) acquiring the said extent of 8623 sq.m. – Declaration u/s.6 issued in 1978 – Draft Award passed in 1986 – Challenge made in the present case in the year 2002 – In a proceeding concerning other lands covered by the same s. 4 notification, Supreme Court in Kulsum R. Nadiadwala v. State of Maharashtra and Ors., allowed appeal by land owner – In view thereof, present case referred to larger Bench that delay and laches have to be ignored – Held: On facts, question of delay and laches need not be answered as s.4 notification that was struck down in Kulsum R. Nadiadwala’s case is the very notification in the facts of this case wherein the entire acquisition proceedings were quashed – Unable to agree with appellant’s contention that the s.4 notification not only deals with various other lands in Village Malad but also deals with a land in a different village altogether viz., Village Wadhawan, and that Supreme Court’s judgment did not go to the extent of declaring the acquisition bad so far as village Wadhawan is concerned – So far as village Malad is concerned where the land in Kulsum R. Nadiadwala’s case was land that was adjacent to the present land, the very s.4 notification was struck down and declared null and void – This being the case, it would not be in the interest of justice to allow the present appeal in favour of appellant, as this would amount to a discrimination between two persons who are otherwise similarly placed – Further, Kulsum R. Nadiadwala’s case did not deal with newspaper publication at all – It only dealt with the requirement of publication in the Official Gazette and public notices of the substance of the notification being given in the locality in which the lands are acquired, both of which were held to be cumulative and mandatory requirements of s.4 – Given the fact that this is a Defence project in which possession has been with the Union since 1942, the same facts would obtain as in Kulsum R. Nadiadwala’s case in which relief was granted – Therefore, present case cannot lead to a different conclusion on similar facts – Defence of India Rules, 1939 – r. 75A – Constitution of India – Arts. 141 and 142. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 127 |
Petitioner | Union Of India & Ors. |
Respondent | Gopaldas Bhagwan Das & Ors. |
SCR | [2020] 3 S.C.R. 765 |
Judgement Date | 2020-02-04 |
Case Number | 3636 |
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