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SURESHWAR THAKUR, SUKHVINDER KAUR
Dhanraj (Deceased) – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioners ask for quashing of a notification dated 27.03.1992 (Annexure P-2), as became issued by respondent No.1, thus under sections 4 and 17 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894"). Furthermore, a prayer is also made for the quashing of a notification No.14/38/91-EDU-1(3) dated 24.02.1993 (Annexure P-3), as became issued under Section 6 of the Act of 1894.
Grounds Of Challenge
2. The learned Senior counsel for the petitioners contends, that the notification (supra), as became issued through invocation of the urgency provisions embodied in Section 17 of the Act of 1894, though were for a public purpose, namely for the construction of cycle stand, canteen and play grounds of Government College, Bawal, Tehsil Bawal, District Rewari, but he submits that the said notification is colour ably issued and/or is whimsically issued.
3. The learned Senior counsel for the petitioners contends, that on the subject lands, the petitioners have installed a saw mill, and, have also constructed several shops on the main road i.e. Sawan road which is connected to Delhi Jaipur National hi
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 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....
Delay is fatal in questioning land acquisition proceedings, and courts cannot invalidate acquisition which stood concluded due to delay and laches.
Failure to specify public purpose in a land acquisition notification renders it void ab initio.
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 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....
1. The power under Section 17 (4) is an exception to the general rule that the acquisition of property is made after affording an opportunity the person adversely affected to demonstrate that the acq....
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