Supreme Court · 2000 INSC 462 · Decided 27 September 2000
Netai Bag and ORS. v. The State of West Bengal and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 462 · [2000] SUPP. 3 S.C.R. 424
- Case number
- CIVIL APPEAL No. 5447/2000
- Decided
- 27 September 2000
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 32, 14; Land Acquisition Act
Headnote
Land Acquisition Act, 1894: Railway Project-Land acquired for-Surplus land-Leased out to a C private party-Procedure of tender and public auction, not followed-Effect of-State action-Fairness of-Onus to prove-Held, lies on the person challenging the said action-Non floating of tender or holding of circumstances of the case, action of State in leasing out land to the private party D not illegal, arbitrary or malafide---Constitution of India, I950-Article 14. Constitution of India, 1950. Articles 226 and 32-Judicial Review-Scope of-Land acquired for a public purpose-Surplus land leased out
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