The High Court held that land acquisition proceedings initiated in 1997 lapsed because a declaration under Section 6 was not made within the mandatory one-year period. Relying on Padma Sundara Rao, the court allowed the writ petition and quashed the acquisition.
Declared that the subject acquisition has lapsed. No order as to costs.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 02.02.2016
W.P.(C) 1453/2015 & CM No.2551/2015 (stay)
BHARAT BHUSHAN GUPTA & ORS. ..... Petitioners
versus
UNION OF INDIA AND ORS
..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr S.K. Rout with Mr Pawan Kumar, Advocates. For the Respondents : Mr Yeeshu Jain with Ms Jyoti Tyagi, Advocates for respondent No.3. Ms Mrinalini Gupta with Mr Mrinmoi Chatterjee, Advocates for R-4.
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA
J U D G M E N T
BADAR DURREZ AHMED, J (ORAL)
W.P.(C) 1453/2015 & CM No.2551/2015 (stay)
respondent No.3 (Land Acquisition Collector) (North-West) is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit as the necessary averments are contained in the writ petition.
Page 1 of 4
WP(C) 1453/2015
Page 2 of 4
WP(C) 1453/2015
the mandatory period of one year from the issuance of the Notification under Section 4, the subject acquisition has lapsed in respect of the land of the petitioners referred to above.
Page 3 of 4
WP(C) 1453/2015
BADAR DURREZ AHMED, J
SANJEEV SACHDEVA, J
FEBRUARY 02, 2016 st
Page 4 of 4
WP(C) 1453/2015
2 issues framed by the court
Whether the land acquisition proceedings have lapsed due to failure to issue a Section 6 declaration within the statutory one-year period.
What are the legal consequences when no declaration is made within the period prescribed under Section 6 of the Land Acquisition Act, 1894.
Colour shows how this judgement treated each authority
Padma Sundara Rao v. State of T.N.Applied¶26
(2002) 3 SCC 533 · Who else cites this
2 provisions across 1 enactments
Bharat Bhushan Gupta & Ors.
Union of India & Ors
Badar Durrez Ahmed
Sanjeev Sachdeva
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
