Supreme Court · 1979 INSC 125 · Decided 24 July 1979
Dera Phalauli v. State of Punjab & Ors .
- Court
- Supreme Court of India
- Citation
- 1979 INSC 125 · [1980] 1 S.C.R. 93
- Case number
- CIVIL APPEAL No. 2317/1969
- Decided
- 24 July 1979
- Bench
- N.L. UNTWALIA, A.P. SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Land Acquisition Act Section 4
Headnote
Land Acquisition Act, 1894 Ss. 4, SA & 17(4)-0rder issued under S. 17(4) dispensing with provisions vf S. 5A-Vafidity of-Direction to Co/icctor to take action under S. 17 on g1ou11d of urgency-Not a legal and con1plete fulfiln1e11t of the requirenient of the law. Allowin.~ the appeaJ, HELD: the urgency provision is being rtpplied should be waste or arable fN1<l (b) there should be an urgency for taking irrimediate possession requirin~ dispensation of the right of the owner for filing an obji::ction under section SA aqd this right should not be interfered in a ca:i;ual or
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