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.