DERA PHALAULI versus STATE OF PUNJAB & ORS .

DERA PHALAULI versus STATE OF PUNJAB & ORS .

A direction to the Collector to take action under Section 17 on the ground of urgency, without specifying that the land is waste or arable or stating reasons for urgency, is not a legal and complete fulfillment of the law's requirements. Therefore, the dispensation of Section 5A was not valid in this case.

Parties
Appellant: DERA PHALAULI; Respondents: STATE OF PUNJAB & ORS.
Jurisdiction
India
Judgment Date
24 July 1979
Procedural Posture
Civil Appeal / Appeal by Certificate From Judgment and Order of Punjab and Haryana High Court
Outcome
Appeal allowed
Legal Topics
Section 17(4) Dispensation of Section 5 a, Urgency Clause in Land Acquisition, Waste or Arable Land Requirement
Land Acquisition Section 17(4) Dispensation of Section 5 a Urgency Clause in Land Acquisition Waste or Arable Land Requirement

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Parties

DERA PHALAULI

Appellant

STATE OF PUNJAB & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal by Certificate From Judgment and Order of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether the order under Section 17(4) of the Land Acquisition Act, 1894, dispensing with the compliance of Section 5A, was valid when the notification did not mention the land is waste or arable nor establish urgency

Ratio Decidendi

A direction to the Collector to take action under Section 17 on the ground of urgency, without specifying that the land is waste or arable or stating reasons for urgency, is not a legal and complete fulfillment of the law's requirements. Therefore, the dispensation of Section 5A was not valid in this case.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dismissing writ petition set aside
  • Writ petition allowed