Dera Phalauli v. State of Punjab & Ors. .
Land Acquisition Act, 1894 – Sections 4, 5A and 17(4) – Order under Section 17(4) dispensing with Section 5A
Case brief
What is this about?
Supreme Court of India, Civil Appeal No. 2317 of 1969, decided July 24, 1979 (N. L. Untwalia and A. P. Sen, JJ.). Validity of an order under Section 17(4) of the Land Acquisition Act, 1894 dispensing with Section 5A: requirements of waste or arable land and urgency for immediate possession not recited in the notification; direction to Collector to act under Section 17 on grounds of urgency held insufficient; portion of notification dated 23-8-1967 under Section 4 struck down; writ petition allowed against State of Punjab & Others; Punjab and Haryana High Court dismissal set aside.
What did the court decide?
Appeal allowed; order of the High Court dismissing the appellant's writ petition set aside; writ petition allowed; that portion of the Notification issued on 23-8-1967 under Section 4 of the Act which directed exercise of power under Section 17 struck down; authorities, if so advised, may proceed after giving the appellants an opportunity to file objections under Section 5A; no order as to costs since the other side did not appear.