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LATEST NEWS UPDATES | Urgency plea for land acquisition can't be done casually: Supreme Court

Urgency plea for land acquisition can't be done casually: Supreme Court

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published Published on Apr 2, 2012   modified Modified on Apr 2, 2012
-PTI

Urgency clause can be invoked by the government only in exceptional cases after "applying its mind", the Supreme Court has ruled while quashing acquisition of land by the Delhi administration for a housing project in Rohini. 

The apex court said the burden of justifying acquisition by invoking the urgency clause under Section 17(1)(4) of Land Acquisition Act solely rests on the government as otherwise it amounts to depriving a person of his or her property. 

A bench of justices R M Lodha and H L Gokhale found fault with Delhi's Lt Governor for acquiring the land at Rohini in April 2000 by dispensing with Section 5A of the Act which mandated that the aggrieved land owners shall be given an opportunity to be heard before their land is acquired. 

"Where the government invokes urgency power under Section 17(1) and (4) for the public purpose like 'planned development of city or development of residential area' or 'residential scheme', the initial presumption in favour of the government does not arise and the burden lies on the government to prove that the use of power was justified and dispensation of enquiry was necessary. 

"In the present case the respondents have miserably failed to show to the satisfaction of the court that the power of urgency and dispensation of enquiry under Section 5 A has been exercised with justification," Justice Lodha writing the judgement said. 

The apex court upheld an appeal filed by Ram Dhari Jindal Memorial Trust challenging acquisition of their land along with others. The trust had contended that it was running a school at the premises. 

"The action of the Lt Governor, Delhi, in the facts of the case whereby, he directed that the provisions of Section 5A shall not apply, if allowed to stand, it would amount to depriving a person of his property without authority of law," the bench said.


The Economic Times, 1 April, 2012, http://economictimes.indiatimes.com/markets/real-estate/news-/urgency-plea-for-land-acquisition-cant-be-done-casually-supreme-court/articleshow/12490646.cms


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