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february 1995

Supreme Court of India · 1995-02-21

H.M.T. HOUSE BUILDING CO-OP. SOCIETY vs SYED KHADER .

Citation / case number
SC 1991/78123
Court
Supreme Court of India
Petitioner
H.M.T. HOUSE BUILDING CO-OP. SOCIETY
Respondent
SYED KHADER .
Author
SINGH N.P.
Bench
SINGH N.P.

Judgment text excerpt

The Supreme Court addressed the validity of land acquisition under the Land Acquisition Act, specifically Sections 4(1) and 6(1), in the context of a housing scheme submitted by a House Building Co-operative Society. The Court held that the High Court's quashing of the acquisition was justified, as the acquisition was not for the bonafide members of the Society but rather for commercial purposes, thus constituting a colorable exercise of power. The Court affirmed the High Court's decision, emphasizing the need for adherence to public purpose in land acquisition.

H.M.T. HOUSE BUILDING CO-OP. SOCIETY vs SYED KHADER . · Niyam