Supreme Court · 2005 INSC 19 · Decided 10 January 2005
H.P. State Electricity Board and ORS. v. Shiv K. Sharma and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 19 · [2005] 1 S.C.R. 209
- Case number
- CIVIL APPEAL No. 1022/2000
- Decided
- 10 January 2005
- Bench
- SHIVARAJ V. PATIL, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 136; Land Acquisition Act Section 3(a)
Headnote
land Acquisition Act, 1894; Ss. 3(a) and (b), 11 and 16: Acquisition of land by State Government-Easementary right on the c ground of necessity-Availability of-High Court rightly drew a distinction between an easement of an ordinary nature for which compensation could be claimed and an easement of could not be extinguished by reason of acquisition, hence justified in granting right of passage to the claimant both on principle and precedent-Civil D Procedure Code, 1908-Section I 00-Constitution of India, 1950-Article 136. I • Respondent Nos. I to 3 had purchased certain portion of land
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