SUPREME COURT
A.K. Ganguly, Swatanter Kumar, JJ
Appellant No.1 – Appellant
Versus
NOIDA – Respondent
| Table of Content |
|---|
| 1. details of land acquisition processes. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. overview of statutory provisions. (Para 11 , 12 , 13 , 14) |
| 3. fundamental rights context in land acquisition. (Para 20 , 21 , 22) |
| 4. court's orders and directives. (Para 76 , 77 , 78) |
| 5. clarification on mandatory vs directory provisions. (Para 118 , 145 , 158) |
1. The facts giving rise to the present appeal are simple and fall within a narrow compass. However, they raise questions which are of public importance and legal significance. Thus, it will be appropriate for us to state the questions of law at the very threshold:
A. When the Government, in exercise of its emergency powers under S.17 of the Land Acquisition Act, 1894 (for short the `Act') acquires lands, which have since vested in the State, can such an acquisition proceeding lapse and consequently the land can be transferred to the owners / persons interested in the event of default by the State, in complying with the provisions of S.11A of the Act?
B. Whether the provisions of S.17(3A) of the Act are mandatory or directory? In either event, would non - compliance with this Section have the effect of invalidating or vitiating the entire
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