Supreme Court of India
Delhi Development Authority v. Bhim Sain Goel and Ors.
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.
What the Court ordered
In view of the aforesaid decisions of this Court, it is crystal clear that the issuance of notifications under Sections 4 and 6 of the Act as also the award passed for acquisition of the land was a nullity and the subsequent action of the Government derequisitioning land by issuance of notification under Section 48 was just and proper as that was an action for rectification of t he mistake.
Judgment, page 15
From the headnote
Land Acquisition Act, 1894: ss. 4, 6, 16 and 18 – Right to Fair Compensation and Transparency in Land Acquisit ion, Rehabilitation and Resettlement Act, 2013 –s. 24(2) – No tification u/s 4 to acquire land of the respondent, followed by declar ation u/ s. 6 – Challenge to, by the respondent in a writ pe tition – High Court granted the stay and directed the parties to maintain the status quo with regards to nature, title and possession of the land and dismissed thewrit petition – In appeal, this Court gr anted interim stay – Meanwhile, Act of 2013 passed – Writ petition by res pondent claiming
Authorities it was built on
- 2020 Indore Development Authority v. Manoharlal & Ors. Etc.
- 2010 Kalabharati Advertising v. Hemant Vimalnath Narichania and Ors.
- 1988 Hindustan Thompson Associates Ltd. v. Mrs. Maya Inderson Israni & Ors.
- 2014 Forbes Forbes Campbell & Co. Ltd. v. Board of Trustees, Port of Bombay
- 2010 Jaipur Development Authority v. Mahesh Sharma & Anr.
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