Wednesday, August 31, 2011

Land Acquisition Act, 1894, Sections 4, 5-A, 17(1) and 17(4)


Land Acquisition Act, 1894—Sections 4, 5-A, 17(1) and 17(4)—Acquisition of the land for public purpose by itself shall not justify the exercise of power of eliminating enquiry under Section 5-A in terms of Section 17 (1) and Section 17 (4) of the Act—The Court should take judicial notice of the fact that certain public purpose such as development of residential, commercial, industrial or institutional areas by their intrinsic nature and character contemplates planning, execution and implementation of the schemes which generally takes time of few years—Therefore, the land acquisition for said public purpose does not justify the invoking of urgency provisions under the Act.


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