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K. M. JOSEPH, HRISHIKESH ROY
U. P. Awas Evam Vikas Parishad Through Housing Commissioner – Appellant
Versus
Ram Singh (D) Th. Lrs. – Respondent
JUDGMENT
K.M. Joseph, J. - Permission to file SLP(C) Nos. 23899-23900 of 2017 is granted.
Delay condoned.
Leave granted.
2. These appeals have behind them a chequered history. It all began with the issuance of a Notification by the appellant under Section 28 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the "Adhiniyam") on 10.11.1973. The said Notification is to be treated as equivalent to a Notification issued under Section 4 of the Land Acquisition Act, 1894, proposing to acquire among other lands, Khasra Plot No. 7 and Khasra Plot No. 3, having a total area of 5.98 Acres in a certain village which originally belonged to one Shri Ram Ratan. It may be noticed here itself that Ram Ratan has passed away and the respondent-Ram Singh was his son and he has in turn passed away and is represented by his legal representatives. The appellant issued a Notification under Section 32 of the Adhiniyam on 17.8.1977. This is the equivalent to the Notification issued under Section 6 of the Land Acquisition Act. The urgency clause under Section 17(1) of the Land
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....
(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 ....
Section 48(1) of the Act and in view of the well settled legal position emerging from interpretation of Section 48(1) of the Act by the Supreme Court, it is clear as noon day, that since possession o....
Once land is vested in the government after acquisition, it cannot be returned to the original owners, even if not utilized for the intended purpose.
In the absence of any statutory provision, which empowers the authority to modify the scheme on its own, it cannot be held that provisions of Sub-Section (5) and (6) are attracted.
The authority to withdraw land acquisition ceases once possession is taken, necessitating fair hearing protections.
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