Supreme Court of India · 1979-07-24
DERA PHALAULI vs STATE OF PUNJAB & ORS.
- Citation / case number
- SC 1969/60184
- Court
- Supreme Court of India
- Petitioner
- DERA PHALAULI
- Respondent
- STATE OF PUNJAB & ORS.
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that the Notification issued under Section 4 of the Land Acquisition Act, 1894, which directed action under Section 17(4) without satisfying the conditions of urgency and the nature of the land (waste or arable), was invalid. The Court emphasized that the right of landowners to file objections under Section 5A should not be disregarded casually. Consequently, the appeal was allowed, the High Court's order was set aside, and the relevant portion of the Notification was struck down, allowing the appellant to file objections under Section 5A.