Land Acquisition Act, 1894 – ss.4, 5A, 17(1), (4) – Acquisition proceedings initiated by issuance of notification u/s.4 of the 1894 Act – Land proposed to be acquired for Vasant Kunj residential scheme– Appellant-Society claimed the ownership of the land – Appellant filed writ petition – High Court allowed the writ petition in part, maintaining the notification u/s.4 of the 1894 Act, but quashed the same with respect to invoking the provision of s.17(4) of the said Act – On merits, held: No case for interference is made out – There is no rhyme or reason to direct de-notification of the land – Prayer in that regard has already been rejected by the appropriate Government – Merely by the fact that one of the appellants is Cooperative Society, the complexion of the case does not change and this fact was duly taken note of at the time of land acquisition – Land acquisition could not be said to be illegal in any manner – Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – ss.4 and 24(2).
Dismissing the appeals, the Court
HELD: 1.1 No case for interference is made out in the appeals filed at the instance of the appellants. There is no rhyme or reason to direct de-notification of the land and a prayer in that regard has already been rejected by the appropriate Government. Merely by the fact that one of the appellants is Cooperative Society, the complexion of the case does not change and this fact was duly taken note of at the time of land acquisition under the Act. Thus, no advantage can be derived from the policy of the State Government, the land acquisition could not be said to be illegal in any manner. There is no room for making indulgence to quash the land acquisition proceedings. [Para 5] [1048-F-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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