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july 1979

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.

DERA PHALAULI vs STATE OF PUNJAB & ORS. · Niyam