Supreme Court · 2002 INSC 129 · Decided 7 March 2002
First Land Acquisition Collector v. Nirodhi Prakash Gangoli and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 129 · [2002] 2 S.C.R. 326
- Case number
- CIVIL APPEAL No. 1913/2002
- Decided
- 7 March 2002
- Bench
- G.B. PATTANAIK, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Land Acquisition Act Section 17(1), 4
Headnote
Land Acquisition Act, 1894: Sections 17(1) and (4). LaniAcquisition-Urgency and emergency of-Dispensing with inquiry C under· S.5-a--Government 's power-Held : the question of urgency of an acquisition under s.17(1) and (4) of the Act is a matter of subjective satisfaction of the should not be lightly interfered with by the Court unless the authority has taken·the decision malafide--The burden of establishing malafide is very D heavy on· the person who alleges it. The appellant initiated acquisition proceedings by issuing a notification under Section 4 of
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