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august 1980

Supreme Court of India · 1980-08-27

LAND ACQUISITION COLLECTOR & ANR. vs DURGA PADA MUKHERJEE & OTHERS

Citation / case number
SC 1970/60321
Court
Supreme Court of India
Petitioner
LAND ACQUISITION COLLECTOR & ANR.
Respondent
DURGA PADA MUKHERJEE & OTHERS
Author
A.D. KOSHAL
Bench
A.D. KOSHAL

Judgment text excerpt

The Supreme Court held that a declaration under Section 6 of the Land Acquisition Act is conclusive evidence of the land being needed for a public purpose, with the only exceptions being mala fides or colourable exercise of power. The burden of proving such mala fides lies on the party alleging it, which in this case were the respondents. The Court found that the High Court erred in allowing the appeals as the respondents failed to establish any mala fides or colourable exercise of power by the State Government, thus upholding the State's notification for land acquisition.

LAND ACQUISITION COLLECTOR & ANR. vs DURGA PADA MUKHERJEE & OTHERS · Niyam