GHAZIABAD DEVELOPMENT AUTHORITY versus JAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.

GHAZIABAD DEVELOPMENT AUTHORITY versus JAN KALYAN SAMITI, SHEOPURI, GHAZIABAD AND ANR.

By operation of U.P. statutory amendments to the Land Acquisition Act, the requirement for local publication of notification under Section 4(1) is dispensed with when Section 17(4) is invoked and Section 5A enquiry is dispensed with; simultaneous publication of notification under Section 4(1) and declaration under Section 6 is valid under the amended law.

Parties
Appellant: Ghaziabad Development Authority; Respondent: Jan Kalyan Samiti, Sheopuri, Ghaziabad; Respondent: Another respondent
Jurisdiction
India
Judgment Date
09 January 1996
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Order
Outcome
appeal allowed
Legal Topics
Notification Under Section 4(1), Dispensation Under Section 17(4), Local Publication, U.p. Amendments, Declaration Under Section 6
Land Acquisition Notification Under Section 4(1) Dispensation Under Section 17(4) Local Publication U.p. Amendments Declaration Under Section 6

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ghaziabad Development Authority

Appellant

Jan Kalyan Samiti, Sheopuri, Ghaziabad

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Whether notification under Section 4(1) is vitiated for non-publication in local newspapers by operation of U.P. amendment
  2. 2 Whether declaration under Section 6 can be published simultaneously with notification under Section 4(1) due to amended Section 17(4) proviso

Ratio Decidendi

By operation of U.P. statutory amendments to the Land Acquisition Act, the requirement for local publication of notification under Section 4(1) is dispensed with when Section 17(4) is invoked and Section 5A enquiry is dispensed with; simultaneous publication of notification under Section 4(1) and declaration under Section 6 is valid under the amended law.

Court Disposition

appeal allowed

Orders

  • Impugned judgment of the High Court set aside
  • No order as to costs