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Thursday, May 13, 2010

LAND ACQUISITION ACT, 1894

S.17 & 5-A--Acquisition of land for public purpose--Urgency clause--Dispensing with inquiry under Section 5-A--An opinion required to be formed by State Government that along with existence of urgency or unforeseen emergency contemplated by Section 17(1) and 17(2) there is also a need for dispensing with Section 5-A inquiry--Mere existence or unforeseen emergency would not by itself be sufficient for dispensing with Section 5-A inquiry--Even in cases of urgency or emergency right to title objections and grant of an opportunity to hearing under Section 5-A of Act may be kept intact.; Bhopu & Ors. v. State of Haryana & Ors.; 2010(1) Law Herald (P&H) (DB) 683
S.17 & 5-A--Acquisition of land for public purpose--Urgency clause--Dispensing with inquiry under Section 5-A--No decision with regard to dispensing with inquiry under Section 5-A--Section 17(4) of Act invoked only to defeat vital rights of hearing of hearing and filing and filing objections by land owners--Impugned notification under Section 4 and declaration under Section 6 quashed qua petitioner.; Bhopu & Ors. v. State of Haryana & Ors.; 2010(1) Law Herald (P&H) (DB) 683