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SURYA KANT, K. V. VISWANATHAN
New Okhla Industrial Development Authority – Appellant
Versus
Darshan Lal Bohra – Respondent
Headnote: Read headnote
JUDGMENT :
SURYA KANT, J.
1. These appeals are preferred by New Okhla Industrial Development Authority (NOIDA) against the main judgment dated 05.01.2017 rendered in Writ C. No. 36231/2015 (in Civil Appeal No. 8048 of 2019, titled NOIDA v. Darshan lal Bohra & Ors.), passed by the High Court of Judicature at Allahabad (hereinafter, ‘High Court’), whereby the land acquisition proceedings initiated at NOIDA’s behest have been annulled by quashing the declaration dated 14.01.2015 issued under Section 6(1) of the Land Acquisition Act, 1894 (hereinafter, ‘1894 Act’).
A. FACTS
2. Given the broad similarity in all the connected matters, the factual matrix can be understood from the details of the lead matter, i.e., Civil Appeal No. 8048 of 2019, titled NOIDA v. Darshan Lal Bohra & Ors.
3. A notification under Section 4(1) of the 1894 Act was issued for the acquisition of land measuring 83.761 hectares situated in Village Badoli Banger, Tehsil Dadri, District Gautam Budh Nagar (hereinafter, ‘Acquired Land’). The acquisition was intended for the “Planned Ind
The main legal point established in the given judgment is that the Collector failed to adhere to the mandate of Section 5A of the Land Acquisition Act, 1894, and the objections were disposed of impro....
The court established that compliance with Section 5A of the Land Acquisition Act is mandatory, but the government's final decision on land acquisition is subject to judicial review if found arbitrar....
The Land Acquisition Officer's failure to independently assess objections vitiates the acquisition process, which must comply with statutory requirements including Section 5A of the Land Acquisition ....
Acquisition of land – Hearing of objections – SDO has been conferred powers to act only as Land Acquisition Officer under land acquisition notification – Hearing of objections is a sacrosanct act tre....
Acquisition of land under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 - Ground of urgency - Requirement of Section 5A
The failure to pass the award within the two-year statutory period under the Land Acquisition Act renders the acquisition proceedings invalid, regardless of stays granted in other cases.
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