Civic Purpose & Enforceability of Rights - The court recognized the importance of intervention and welfare measures, emphasizing the State's obligation to ensure housing for weaker sections. Rights such as access to clean water, minimum nutrition, and adult education are considered enforceable rights, aligning with constitutional provisions like Section 26(3) of the Federal Constitution (INDKAR00000068644).
Land Acquisition & Urgency Provisions - Multiple cases involved land notified under Section 4(1) of the Land Acquisition Act, 1894, with enquiry under Section 5(a) dispensed with via notifications under Sections 17(1) and 17(4). The Supreme Court examined the invocation of urgency provisions, questioning their validity and procedural correctness (01100062285, 01100115122, IND_Delhi_2019_DHC_1616-DB, INDDEL00000074098).
Enforceability of Rights & Limitations - Rights such as minimum nutrition and adult education, although recognized as important, cannot be enforced if they are not legally protected or if the rules are not published in the official Gazette. Enforceability generally requires that the right be directly held by the individual claiming infringement, not merely a general or societal obligation (INDRAJ00000043199, INDRAJ00000043200).
Analysis & Conclusion:
Section 4 of the Land Acquisition Act and related provisions facilitate swift land acquisition under urgency, but courts scrutinize their procedural validity. Civic rights related to welfare measures, such as housing, water, nutrition, and education, are acknowledged as enforceable, reflecting the State's constitutional obligation. However, rights lacking explicit enforceability or proper publication may not be directly enforceable. The overarching principle emphasizes that enforceability depends on the legal recognition of the rights and adherence to procedural safeguards.
(Paras 4, 5) ... ... Findings of Court: ... The Rajiv Gandhi Housing Corporation was directed to ... intervention and welfare measures was emphasized, alongside the acknowledgment of the State's obligation to ensure housing for the weaker sections ... We shall be surprised if such rights as the right to clean water, to minimum nutrition and to adult education cannot be enforced ... Reading Section 26(3) of the FC along ....
The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 ('LAA'), and the enquiry under Section ... 5 (a) of the LAA was dispensed with by issuing notifications under Sections 17 (1) read with 17 (4) of the LAA. ... The issue before the Supreme Court was whether the invocation of the urgency provisions under #HL_STAR....
The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 (`LAA`), and the enquiry under Section ... 5 (a) of the LAA was dispensed with by issuing notifications under Sections 17 (1) read with 17 (4) of the LAA. ... The issue before the Supreme Court was whether the invocation of the urgency provisions under #HL_STAR....
Sections 17 (1) read with 17 (4) of the LAA. ... The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 (‗LAA‘), minimum nutrition and to adult education cannot be enforced
Sections 17 (1) read with 17 (4) of the LAA. ... The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 (‗LAA‘), minimum nutrition and to adult education cannot be enforced
The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 (‗LAA‘), and the enquiry under Section ... 5 (a) of the LAA was dispensed with by issuing notifications under Sections 17 (1) read with 17 (4) of the LAA. ... The issue before the Supreme Court was whether the invocation of the urgency provisions under #HL_STAR....
Sections 17 (1) read with 17 (4) of the LAA. ... The land of the Appellant was notified under Section 4 (1) of the Land Acquisition Act, 1894 (‗LAA‘), minimum nutrition and to adult education cannot be enforced
be enforced. ... under such Rules and published in the Official Gazette, it cannot be enforced. ... The legal right that can be enforced must ordinarily be the right of the appellant himself, who complains of infraction of such right
be enforced. ... under such Rules and published in the Official Gazette, it cannot be enforced. ... The legal right that can be enforced must ordinarily be the right of the appellant himself, who complains of infraction of such right
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