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M. DHANDAPANI
Gopalakrishnan – Appellant
Versus
Union of India Rep. by Ministry of Food, New Delhi – Respondent
JUDGMENT
(Prayer: W.P. No.11974 of 2008 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the records relating to impugned Section 4 (1) Notification in reference in G.O. Ms. No.30 PW(T1) Dept., dated 1.2.06 and the impugned Section 6 Declaration in reference G.O. Ms. No.48 PW (T1) dated 27.2.2006 on the file of the 2nd respondent and consequent impugned award Na.Ka.B1/9411/2005 dated 24.4.2008 on the file of the 4th respondent and quash the said notifications on the file of the 2nd respondent and impugned award on the file of the 4th respondent as null and void and has become lapsed and to forbear the respondents from proceeding with the land acquisition in respect of the land comprised in S. No.178/4 of an extent of 0.22.0 Hectares situated at No.28, Melarasampattu Village, Vellore Taluk, Vellore District.
W.P. No.11975 of 2008 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the records relating to impugned Section 4 (1) Notification in reference in G.O. Ms. No.30 PW(T1) Dept., dated 1.2.06 and the impugned Section 6 Declaration
The excessive use of the urgency provision u/s 17 (4) of the Land Acquisition Act, due to the State's inaction in starting the project, rendered the invocation of the provision unsustainable and viol....
The invocation of the urgency provision u/s 17 (4) of the Land Acquisition Act, 1894, to dispense with the enquiry u/s 5-A of the Act, is not justified in cases where the acquisition is for an indust....
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
The main legal point established in the judgment is the requirement for justifying the invocation of the urgency clause under Section 17 of the Land Acquisition Act, the burden of proof on the party ....
The invocation of urgency provisions in land acquisition must be justified by genuine emergencies; significant delays undermine such claims and violate the right to object.
The invocation of the urgency clause under Section 17 of the Land Acquisition Act, 1894, is justified when the government demonstrates a pressing need, and such subjective satisfaction is generally n....
The main legal point established is that the acquisition proceedings can lapse under Sec. 11A of the Land Acquisition Act if the award is not passed within the specified period. Additionally, the cou....
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