SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Raj) 2518

PREM SHANKER ASOPA
Gautam Estates Pvt. Ltd. : Nandan Green Houses Ltd. – Appellant
Versus
The State of Rajasthan – Respondent


For the Petitioner:Abhay Kumar Bhandari, Sr Advocate With Anant Bhandari And Anil Mehta, Advocates.
For the State and JDA: Bharat Vyas, Addl. AG.
For the Respondent:Virendra Odha, Paras Kuhad With Susan Timothy, Advocates.

JUDGMENT

1. 1. The acquisition proceedings have been challenged by both the petitioners on common facts and law relation to the notifications issued under section 4 and 6 respectively, of the Land Acquisition Act, 1894 (in short the ' Act of 1894') for establishment of Special Economic Zone (SEZ) as well as violation of Section 5A of Act of 1894 before issuance of the notifications under section 6 of the Act of 1894. One notifications under section 4 of the Act of 1894 were issued on 20.12.2005 and two notification under section 6 of the Act of 1894 were issued on 29.4.2006 and 30.10.2006. Further common facts of the suitability of the acquisition of Abadi land were involved in both the cases. Therefore, both the cases have been heard together and are being decided together.

2. At the outset, it is appropriate to mention that in Gautam Estates, its land falls within the actual requirement of SEZ whereas the land/fully developed farm houses of Nandan Greens is surplus to the actual requirement of SEZ which is sought to be acquired for grant of the same for allotment to expropriated owners (Khatedars) but the respondents have submitted that the said land is not surplus land as the sam




































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top