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july 1995

Supreme Court of India · 1995-07-25

THE STATE OF UTTAR PRADESH & ANR. vs KESHAV PRASAD SINGH

Citation / case number
SC 1978/90424
Court
Supreme Court of India
Petitioner
THE STATE OF UTTAR PRADESH & ANR.
Respondent
KESHAV PRASAD SINGH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the notification under Section 4(1) of the Land Acquisition Act, 1894, finding that the State's exercise of eminent domain was a colourable action as it did not admit the ownership of the respondents and was based on a mandatory injunction from a Civil Court. The Court ruled that the land in question was neither waste nor arable, thus invalidating the dispensation of inquiry under Section 5A. The appeal was dismissed, affirming the High Court's ruling against the State's actions.

THE STATE OF UTTAR PRADESH & ANR. vs KESHAV PRASAD SINGH · Niyam