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april 1970

Supreme Court of India · 1970-04-28

LT. GOVERNOR OF HIMACHAL PRADESH vs AVINASH SHARMA

Citation / case number
SC 1957/60197
Court
Supreme Court of India
Petitioner
LT. GOVERNOR OF HIMACHAL PRADESH
Respondent
AVINASH SHARMA
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that once possession of land is taken under Section 17(1) of the Land Acquisition Act, 1894, the land vests in the Government and cannot revert to the original owner merely by cancellation of notifications under Section 21 of the General Clauses Act, 1897. The Court clarified that while the Government can cancel notifications under Sections 4 and 6 of the Land Acquisition Act, a notification under Section 17(1) cannot be cancelled or withdrawn under Section 48. The appeal was dismissed, affirming the lower court's decision to quash the cancellation order and direct compensation determination.

LT. GOVERNOR OF HIMACHAL PRADESH vs AVINASH SHARMA · Niyam