Supreme Court · 2016 INSC 589 · Decided 10 August 2016

State of Uttarakhand & ORS. v. Rajiv Berry & ORS.

Court
Supreme Court of India
Citation
2016 INSC 589 · [2016] 5 S.C.R. 140
Case number
CIVIL APPEAL No. 6900/2009
Decided
10 August 2016
Bench
RANJAN GOGOI, PRAFULLA C. PANT (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Land Acquisition Act Section 17(2)

Headnote

F G H [2016] 5 S.C.R. 140 STATE OF UTTARAKHAND & ORS. v. RAJIV BERRY & ORS. (Civil Appeal No. 6900 of2009) AUGUST 10,2016 [RANJAN GOGOi AND PRAFULLA C. PANT, JJ.) Land Acquisition Act, 1894 - Whether i11vocation of s. 17 (1) and (2) mandates invocation of s. 17 (4) - Applicability of s. - In the present case, the State departed from its initial sta11d of i11voki11g s.17(4) a11d gave landowners the opportu11ity conte111plated by s.5A, however, took possessio11 of the land prior to the passing of the award by invoking the provisions of s.17(1) - Land-ow11ers contended that since

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