AI Overview

AI Overview...

  • 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.

Search Results for "Civic Purpose in Section 4 Laa Enforced"

SMT AYYAMMA vs STATE OF KARNATAKA

2025 Supreme(Online)(Kar) 9187 India - Karnataka High Court

(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 ....

AJAY MAKEN VS UNION OF INDIA

2019 0 Supreme(Del) 744 India - Delhi

S.MURALIDHAR, VIBHU BAKHRU

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....

Ajay Maken vs Union of India

India - Delhi High Court

S.MURALIDHAR, VIBHU BAKHRU

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....

AJAY MAKEN & ORS. vs UNION OF INDIA & ORS.

India - Delhi High Court

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

AJAY MAKEN & ORS. vs UNION OF INDIA & ORS.

India - Delhi High Court

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

AJAY MAKEN & ORS. Vs UNION OF INDIA & ORS.

2019 Supreme(Online)(DEL) 1187 India - High Court of Delhi

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....

AJAY MAKEN & ORS. vs UNION OF INDIA & ORS.

India - Delhi High Court

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

RAJENDRA PRASAD AHARI Vs. STATE OF RAJASTHAN

2025 Supreme(Online)(Raj) 12543 India - High Court of Rajasthan (Jodhpur Bench)

ACTING CHIEF JUSTICE, SANJEET PUROHIT

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

NARAYAN SINGH SOLANKI Vs. STATE OF RAJASTHAN

2025 Supreme(Online)(Raj) 12544 India - High Court of Rajasthan (Jodhpur Bench)

ACTING CHIEF JUSTICE, SANJEET PUROHIT

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

SupremeToday Landscape Ad

Filter by Legal Phrase

SupremeToday Portrait Ad

Legal Issues on Supreme Today AI

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