Supreme Court of India

Sh. Mohan Singh and Ors. v. International Airport Authority of India and Ors.

Neutral citation

Reported as [1996] SUPP. 8 S.C.R. 569

Bench K. Ramaswamy and G.B. Pattanaik JJ.

Decided 7 November 1996

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that though the compliance of these three steps required under Section F 4(1) is mandatory; for the exercise of the power under Section 17(4) it is not necessary that all the three steps should be completed before making the declaration under Section 6(1) and have it published for directing the Collector to take possession under Section 17(1) or 17(2).

Judgment, page 14

From the headnote

Land Laws: Land Acquisition Act, 1894: Sections 17(/), (2) and (4), 4(1) and 6. Urgency provisions-Invoking of--Preconditions for·-Reld: publication of notification in newspapers and giving notice of substance thereof-Mandatory for exercising power of eminent domain under S.4(/) There must be a time gap of at least one day between publication of notification in Gazette under S.4(1) and declaration under S.6--But when urgency provision was invoked publication of notifiction in newspapers and in locality could not be insisted upon for exercising power of eminent domain under S.4(/)-Dates of

Authorities it was built on

1975 Khadim Hussain v. State of U.P. & Others cited by 8
1964 K. Narasimhiah v. H. C. Singri Gowda cited by 5
1968 Hiralal Agrawal, Etc. v. Rampadarath Singh & Ors., Etc. cited by 5
1968 Virji Ram Sutaria v. Nathalal Premji Bhanvadia and Ors. cited by 2

Where later benches applied it

2018 P.E.C. Limited v. Austbulk Shipping Sdn Bhd relied on
2024 Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors referred to

Of those, 1 relied on · 1 referred to

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