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april 1963

Supreme Court of India · 1963-04-26

NANDESHWAR PRASAD AND ANOTHER vs THE STATE OF U. P. AND OTHERS

Citation / case number
SC 1962/174
Court
Supreme Court of India
Petitioner
NANDESHWAR PRASAD AND ANOTHER
Respondent
THE STATE OF U. P. AND OTHERS
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the acquisition of land under the Land Acquisition Act, 1894, must comply with the procedural requirements of Section 5A before issuing a notification under Section 6. The Court clarified that Section 114 of the Kanpur Urban Area Development Act, 1945, applies only when the Board itself is acquiring land, not when the Government is acting under the Land Acquisition Act. The appeal was dismissed, affirming the High Court's decision that the acquisition process was valid despite the appellant's objections regarding the notifications issued.

NANDESHWAR PRASAD AND ANOTHER vs THE STATE OF U. P. AND OTHERS · Niyam