Supreme Court · 2008 INSC 1273 · Decided 7 November 2008
Essco Fabs PVT. LTD. & ANR. v. State of Haryana & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1273 · [2008] 15 S.C.R. 779
- Case number
- CIVIL APPEAL No. 6580/2008
- Decided
- 7 November 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Land Acquisition Act Section 4(1)
Headnote
Land Acquisition Act, 1894: A B ss. 17(1),(2) and (4) rlw ss. 4(1) and 6(1) and s.5-A - c Acquisition of land - State Government invoking urgency clause u/s 17 and dispensing with inquiry and hearing of objections uls 5A - HELD: Before exercise of power of eminent domain, an opportunity of hearing of property - Even in cases of ' urgency; or 0 'unforeseen emergency' within the meaning of sub-ss. (1) and (2) of s. 17, enquiry contemplated by s. 5-A cannot ipso facto be dispensed with - It is only when the Government makes a declaration under sub-s.(4) of s.17 that it becomes unnecessary to
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