DEVENDRA SINGH & ORS. versus STATE OF U.P. & ORS.

DEVENDRA SINGH & ORS. versus STATE OF U.P. & ORS.

Acquisition of land for District Jail, though a public purpose, after prolonged and unexplained delays, did not justify invocation of urgency provisions under Section 17 and exclusion of Section 5-A enquiry; State Government's conduct did not establish urgency warranting denial of hearing to affected landowners.

Parties
Appellant: Devendra Singh & Ors.; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
03 August 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Urgency Provisions, Right of Hearing Under S.5 a, Public Purpose Acquisition
Land Acquisition Urgency Provisions Right of Hearing Under S.5 a Public Purpose Acquisition

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Parties

Devendra Singh & Ors.

Appellant

State of U.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the State Government was justified in invoking urgency provisions under Section 17 and dispensing with enquiry under Section 5-A for acquisition of land for District Jail

Ratio Decidendi

Acquisition of land for District Jail, though a public purpose, after prolonged and unexplained delays, did not justify invocation of urgency provisions under Section 17 and exclusion of Section 5-A enquiry; State Government's conduct did not establish urgency warranting denial of hearing to affected landowners.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of High Court dated 08.10.2010 set aside.
  • State Government not justified in invoking Section 17(4).