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october 1987

Supreme Court of India · 1987-10-27

SPECIAL LAND ACQUISITION OFFICER, BOMBAY, AND OTHERS. vs GODREJ AND BOYCE

Citation / case number
SC 1987/71020
Court
Supreme Court of India
Petitioner
SPECIAL LAND ACQUISITION OFFICER, BOMBAY, AND OTHERS.
Respondent
GODREJ AND BOYCE
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the High Court erred in striking down the order under Section 48 of the Land Acquisition Act, which allows the State Government to withdraw from acquisition before possession is taken. The Court clarified that until possession is taken, the original owner retains rights over the land, and the State is not compelled to provide reasons for withdrawal. The Court upheld the Government's decision to withdraw due to practical difficulties arising from slum encroachments, affirming that no irreparable prejudice is caused to the landowner as compensation is available under Section 48(2).

SPECIAL LAND ACQUISITION OFFICER, BOMBAY, AND OTHERS. vs GODREJ AND BOYCE · Niyam