Supreme Court of India · 1966-09-16
RAJAANAND BRAHMA SHAH vs STATE OF UTTAR PRADESH & ORS.
- Citation / case number
- SC 1964/90544
- Court
- Supreme Court of India
- Petitioner
- RAJAANAND BRAHMA SHAH
- Respondent
- STATE OF UTTAR PRADESH & ORS.
- Author
- RAO, K. SUBBA (),HIDAYATULLAH, M.,SIKRI, S.M.,RAMASWAMI, V.,SHELATM.
- Bench
- RAO, K. SUBBA (CJ),HIDAYATULLAH, M.,SIKRI, S.M.,RAMASWAMI, V.,SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that the notification under Section 4(1) of the Land Acquisition Act, 1894, declaring land needed for public purpose was valid, as the appellant failed to prove a colorable exercise of power by the Government. However, the Court found that the direction under Section 17(1) to take possession was ultra vires since the land was forest land, not 'arable' or 'waste' as defined under the Act. The Court upheld the High Court's dismissal of the writ petition regarding public purpose but clarified the definitions of 'arable' and 'waste' land, impacting future acquisitions.