OM PRAKASH AND ORS. versus STATE OF U.P. AND OTHERS

OM PRAKASH AND ORS. versus STATE OF U.P. AND OTHERS

Invocation of Section 17(4) by State authorities to dispense with Section 5-A inquiry was not justified in absence of relevant material indicating urgency. However, given passage of time and scope of acquired land, Supreme Court declined to quash notifications and instead permitted appellants to seek relief through representations under Section 48(1).

Parties
Appellants: Om Prakash and Others; Respondents: State of Uttar Pradesh and Others
Jurisdiction
India
Judgment Date
15 July 1998
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Urgency in Land Acquisition, State Amendments to Land Acquisition Act, Planned Development, Abadi (inhabited) Land Acquisition, Section 17(4) Invocation, Section 5 a Inquiry
Land Acquisition Urgency in Land Acquisition State Amendments to Land Acquisition Act Planned Development Abadi (inhabited) Land Acquisition Section 17(4) Invocation Section 5 a Inquiry

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Parties

Om Prakash and Others

Appellants

State of Uttar Pradesh and Others

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the invocation of Section 17(4) of Land Acquisition Act by the State authorities for dispensing with inquiry under Section 5-A was justified by urgency
  2. 2 Whether the acquisition of abadi (inhabited) lands was in accordance with State policy
  3. 3 Whether the Supreme Court should exercise its discretionary jurisdiction under Article 136 to strike down the notifications

Ratio Decidendi

Invocation of Section 17(4) by State authorities to dispense with Section 5-A inquiry was not justified in absence of relevant material indicating urgency. However, given passage of time and scope of acquired land, Supreme Court declined to quash notifications and instead permitted appellants to seek relief through representations under Section 48(1).

Court Disposition

Appeals dismissed

Orders

  • Liberty granted to appellants to file written representations before State authorities under Section 48(1) for possible withdrawal from acquisition of abadi lands.
  • State authorities directed to consider appellants' representations within a specified period, maintaining status quo regarding possession until 30.11.1998 or completion of representation consideration.