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august 1990

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.

BHAG AMARPAL WELFARE SOCIETY ETC. vs M/S TULSI CO.OP. HOUSING SOCIETY · Niyam