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

2014 Supreme(All) 173

ASHOK BHUSHAN, MAHESH CHANDRA TRIPATHI
GOVIND PRASAD SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Pankaj Dubey and Madhup Narain Shukla for the Petitioners; C.S.C. for the Respondents.

Judgement Key Points

Key Points: - The court held that urgency under Section 17(1)/(4) can dispense with the Section 5-A inquiry if there is grave urgency and sufficient material, especially when land is urgently required for public purpose (construction of service road; canal’swest bank) (!) (!) (!) (!) (!) . - Pre- and post-notification delays/factors do not automatically invalidate the urgency-based acquisition; the appropriate government’s subjective satisfaction on urgency is entitled to deference and may be challenged only for lack of mind or mala fide (!) (!) (!) (!) . - When possession is taken under Section 17(1) due to urgency, Section 11-A does not apply to lapse of proceedings; the land vests in the Government and acquisition need not await award under Section 11 (!) (!) (!) . - In this case, substantial land (0.2530 hectare) was found to be urgently needed for a service road, and canal works were largely complete; petitioners’ challenge to urgency and non-compliance with 5-A was rejected; petition dismissed (!) (!) (!) (!) (!) . - The decision quotes and applies Supreme Court principles that urgency is a subjective determination but must be based on material; delay does not automatically negate urgency, and larger public interest in irrigation/canal works supports urgency findings (!) (!) (!) (!) .

How to assess whether urgency under Section 17(1)/(4) can dispense with Section 5-A inquiry in Land Acquisition?

How to determine the legality of invoking urgency clauses where pre- and post-notification delays occurred but were not ultimately fatal to the acquisition?

What is the effect of Section 11-A on urgency-based acquisitions where possession has been taken under Section 17(1) prior to award?


JUDGMENT

Hon’ble Mahesh Chandra Tripathi, J.—We have heard Sri Pankaj Dubey, learned counsel for the petitioners and Sri Suresh Singh, learned Additional Chief Standing Counsel for the respondents.

2. Parties have exchanged their affidavits. With the consent of the learned counsel for the parties, the writ petition is being finally disposed of at the admission stage itself.

3. In the present writ petition, petitioners have prayed for following reliefs :

“(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned notification No. 4240/08-27-Si.-3-36 Adhisuchana/2008 dated 26.11.2008 under Section 4 of Land Acquisition Act and impugned notification No. 3225/10-27-Si.-3-36 Adhisuchana/2008 dated 19.8.2010 under Section 6 of Land Acquisition Act, 1894 in respect of the petitioner land comprising of Plot No. 164 area 1-0-0 i.e. 0.2530 hectare of the revenue village Saharay, Pargana Amora, Tappa Ramgarh, District-Basti (Annexures 3 and 4 of the writ petition).

(ii) To issue writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned notification dated 26.11.2008 under Section 4 and the impugned notificatio












































































































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