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SURESHWAR THAKUR, KULDEEP TIWARI
Roshan Lal – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. court must address submissions in review petitions. (Para 1 , 2 , 3) |
| 2. claim of discrimination and land acquisition regulations. (Para 5 , 6 , 7) |
| 3. suitability of land rests with acquiring authority. (Para 8 , 9 , 10) |
| 4. judicial scrutiny limited to procedural validity. (Para 11 , 12 , 14) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The present review application derives its genesis from an order dated 8.3.2010, passed by the Hon'ble Supreme Court in SLP(C) No. 5654 of 2010, whereby, liberty was granted to the applicant to re-approach this Court for consideration of his already raised plea of discrimination by filing a review application qua the order dated 27.1.2010, passed by this Court, vide which the present writ petition was dismissed on merits. The relevant extract of the order dated 8.3.2010 passed by the Hon'ble Supreme Court reads as under:-
Judicial review of land acquisition decisions is limited to procedural legality, irrationality, and administrative impropriety.
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
Supreme Court has further struck a note of caution that though Courts are generally not entitled to go behind declaration of Government to effect that acquisition is for "public purpose", an exercise....
Acquisition proceedings that have attained finality, with compensation paid and possession taken, cannot be challenged after a significant delay. Furthermore, the transfer of acquired land between st....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under section 24(2) of Act of 2013, both the conditions of physical possession and compensation payme....
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