Supreme Court of India · 1990-08-17
BHAG AMARPAL WELFARE SOCIETY ETC. vs M/S TULSI CO.OP. HOUSING SOCIETY
- Citation / case number
- SC 1983/65775
- Court
- Supreme Court of India
- Petitioner
- BHAG AMARPAL WELFARE SOCIETY ETC.
- Respondent
- M/S TULSI CO.OP. HOUSING SOCIETY
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court addressed the complexities surrounding land acquisition under the Land Acquisition Act, 1894, specifically Sections 4, 5, and 6. The Court held that if a settlement between the parties does not materialize, the acquisition proceedings would revive, leading to the Respondent Society's claim to the land being extinguished, with only compensation being due. The Court remitted the matter to the High Court for fresh consideration of the writ petitions challenging the withdrawal of exemption under the Urban Ceiling Act, emphasizing the need for a merits-based decision.