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HEMANT GUPTA, V.RAMASUBRAMANIAN
U. P. Avas Evam Vikas Parishad Through Housing Commissioner – Appellant
Versus
Noor Mohammad – Respondent
JUDGMENT :
V. Ramasubramanian, J.
1. U.P. Avas Evam Vikas Parishad, which is a statutory authority of the State of Uttar Pradesh for housing and development, has come up with the present appeals, challenging the orders of the High Court of Judicature at Allahabad, setting aside a Notification cancelling a previous Notification issued under Section 48(1) of the Land Acquisition Act, 1894 for the release of the land of the respondents herein from acquisition.
2. We have heard Shri Vishwajit Singh, learned counsel appearing for the appellants and Mr. Krishnam Mishra and Mr. Anand Varma, learned counsel appearing for the respondents.
3. A Notification dated 25.07.1964 was issued by the State Government under Section 36 of the United Provinces Town Improvement Act, 1919 (hereinafter referred to as “the U.P. Act”) for the acquisition of land of a total extent of acre 1.85 in Village Mirzapur, Tehsil Sadar, District Gorakhpur for the public purpose of providing housing/residential accommodation. This notification is akin to Section 4(1) of the Land Acquisition Act, 1894.
4. The above notification was followed by another notification dated 17.06.1967 under Section 42 of the U.P. Act, which is e
(1) Power to issue Notification would include a power to rescind Notification.(2) Proceeding under Section 48(1) of Land Acquisition Act is administrative in nature.(3) An order secured by fraud and ....
The exercise of power under Section 48 of the Land Acquisition Act, 1894 must be conducted in a fair and bona fide manner, and the authority must offer an opportunity to the beneficiary before withdr....
Mistaken inclusion of land in acquisition notifications does not automatically grant ownership, and compensation requires assessed possession under relevant laws.
The cancellation of land acquisition notifications by the Government post-possession was found discriminatory and arbitrary, violating constitutional rights of equal protection under the law.
Failure to specify public purpose in a land acquisition notification renders it void ab initio.
The finality of land acquisition proceedings and the principle that challenges to such proceedings should be initiated within a reasonable time.
Point of law: Co operative society - Encroachment of Land - Right to fair compensation - Concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certa....
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