Supreme Court · 2011 INSC 188 · Decided 7 March 2011
Dev Sharan & ORS. v. State of U.P. & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 188 · [2011] 3 S.C.R. 728
- Case number
- CIVIL APPEAL No. 2334/2011
- Decided
- 7 March 2011
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 13; Land Acquisition Act Section 4, 17, 17(4)
Headnote
LAND ACQUISITION ACT, 1897: c Section. 5-A, 4, 17 and 6 - Acquisition of land for construction of district jail - Invoking of s. 17 ( 4) and dispensing with s.5-A inquiry- HELD: There being more than 11 months gap between ss. 4 and 17 notification and s. 6 declaration, this tself indicates that pro 0 isions of s.17(4) and denying the land owners their right u/s 5-A - Notification uls 4 and declaration u/s 6 are quashed so far as they relate to appellants - Possession of appellants over their lands not to be interfered with except in accordance with law. E Section 3(f) read with ss. 5-A
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