UNION OF INDIA versus SH. SHIVKUMAR BHARGAVA AND ORS.

UNION OF INDIA versus SH. SHIVKUMAR BHARGAVA AND ORS.

Only the owner of land as on the date of Notification under Section 4(1) of the Land Acquisition Act is eligible for allotment of alternative site; subsequent purchasers are not entitled to allotment.

Parties
Appellant: U.O.l.; Respondent: S. Bhargava; Respondent: N. S. Bisht
Jurisdiction
India
Judgment Date
17 January 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in L.p.a. No. 26 of 1985
Outcome
Appeal allowed
Legal Topics
Allotment of Alternative Site, Entitlement Criteria Under Government Policy
Land Acquisition Administrative Law Allotment of Alternative Site Entitlement Criteria Under Government Policy

Case Brief

Summary, issues, holding and outcome

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Parties

U.O.l.

Appellant

S. Bhargava

Respondent

N. S. Bisht

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in L.p.a. No. 26 of 1985

Legal Issues

  1. 1 Whether respondent is entitled to allotment of an alternative site under Government policy when not owner at date of notification under Section 4(1) of Land Acquisition Act

Ratio Decidendi

Only the owner of land as on the date of Notification under Section 4(1) of the Land Acquisition Act is eligible for allotment of alternative site; subsequent purchasers are not entitled to allotment.

Court Disposition

Appeal allowed

Orders

  • Direction given by learned Single Judge is quashed
  • Writ Petition dismissed