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september 1966

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.

RAJAANAND BRAHMA SHAH vs STATE OF UTTAR PRADESH & ORS. · Niyam