DELHI ADMINISTRATION & ANR. versus KIDARNATH MOHINDERNATH & ANR,

DELHI ADMINISTRATION & ANR. versus KIDARNATH MOHINDERNATH & ANR,

Persons seeking exemption from acquisition based on building plan sanction before 5.11.1980 must file objections under Section 5-A; failure to file such objections constitutes waiver of rights to exemption, and the final declaration under Section 6 is not illegal. In computing the limitation period for declaration under Section 6, periods of stay by court order are to be excluded.

Parties
Appellant: Delhi Administration; Respondent: Kidarnath Mohindernath; Appellant: Land Acquisition Collector
Jurisdiction
India
Judgment Date
30 March 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Writ Petition
Outcome
Appeal allowed
Legal Topics
Land Exemption From Acquisition, Objections Under Section 5 a, Declaration Under Section 6, Computation of Limitation Period Under Section 6(1) Proviso
Land Acquisition Land Exemption From Acquisition Objections Under Section 5 a Declaration Under Section 6 Computation of Limitation Period Under Section 6(1) Proviso

Case Brief

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Parties

Delhi Administration

Appellant

Kidarnath Mohindernath

Respondent

Land Acquisition Collector

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Writ Petition

Legal Issues

  1. 1 Whether respondent was required to file objections under Section 5-A to claim exemption from land acquisition based on sanctioned building plan
  2. 2 Whether declaration under Section 6 was time-barred under proviso to Section 6(1) of the Land Acquisition Act, 1894

Ratio Decidendi

Persons seeking exemption from acquisition based on building plan sanction before 5.11.1980 must file objections under Section 5-A; failure to file such objections constitutes waiver of rights to exemption, and the final declaration under Section 6 is not illegal. In computing the limitation period for declaration under Section 6, periods of stay by court order are to be excluded.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of High Court set aside.
  • Writ Petition dismissed.