MEERUT DEVELOPMENT AUTHORITY ETC. versus SATBIR SINGH AND ORS. ETC.

MEERUT DEVELOPMENT AUTHORITY ETC. versus SATBIR SINGH AND ORS. ETC.

The U.P. Amendment Act 5 of 1991, by suitably amending Section 17(4) of the Land Acquisition Act and validating past notifications and declarations, cured the defect identified in Radhey Shyam Nigam's case and is valid in law; thus simultaneous publication of Section 4(1) notification and Section 6 declaration is valid for acquisitions in Uttar Pradesh during the relevant period. Exercise of urgency powers for housing development is justified and does not vitiate the acquisition. Illegal constructions carried out during status quo orders do not bind the authority, nor entitle compensation.

Parties
Appellant: Meerut Development Authority; Respondent: Satbir Singh and Ors.
Jurisdiction
India
Judgment Date
19 September 1996
Procedural Posture
Civil Appeal / Final Hearing; Appeals From Allahabad High Court; Decision on Several Appeals and Writ Petition
Outcome
Appeals by Meerut Development Authority allowed; appeals by claimants/respondents and writ petition dismissed; no costs.
Legal Topics
Simultaneous Publication Under Land Acquisition Act, Retrospective Validation Via State Amendment, Exercise of Urgency Powers, Challenge to Legislative Validation After Judicial Pronouncement
Constitutional Law Land Acquisition Property Law Simultaneous Publication Under Land Acquisition Act Retrospective Validation Via State Amendment Exercise of Urgency Powers Challenge to Legislative Validation After Judicial Pronouncement

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Parties

Meerut Development Authority

Appellant

Satbir Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Hearing; Appeals From Allahabad High Court; Decision on Several Appeals and Writ Petition

Legal Issues

  1. 1 Whether simultaneous publication of Section 4(1) notification and Section 6 declaration under Land Acquisition Act is valid after Amendment Act 68 of 1984
  2. 2 Whether U.P. Amendment Act 5 of 1991 validly cures defect identified by Supreme Court in Radhey Shyam Nigam's case
  3. 3 Whether retrospective operation of U.P. Amendment Act 5 of 1991 is permissible

Ratio Decidendi

The U.P. Amendment Act 5 of 1991, by suitably amending Section 17(4) of the Land Acquisition Act and validating past notifications and declarations, cured the defect identified in Radhey Shyam Nigam's case and is valid in law; thus simultaneous publication of Section 4(1) notification and Section 6 declaration is valid for acquisitions in Uttar Pradesh during the relevant period. Exercise of urgency powers for housing development is justified and does not vitiate the acquisition. Illegal constructions carried out during status quo orders do not bind the authority, nor entitle compensation.

Court Disposition

Appeals by Meerut Development Authority allowed; appeals by claimants/respondents and writ petition dismissed; no costs.

Orders

  • Land Acquisition Officer to take note of illegal constructions at the time of passing the award and not grant compensation for them.
  • Land Acquisition Officer to pass the award within six months from the date of receipt of this order.