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january 1997

Supreme Court of India · 1997-01-13

A.P. SAREEN vs STATE OF U P

Citation / case number
SC 1996/79060
Court
Supreme Court of India
Petitioner
A.P. SAREEN
Respondent
STATE OF U P
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the validity of the notification under Section 4(1) of the Land Acquisition Act, 1894, and the exercise of power under Section 17(1) to dispense with the inquiry under Section 5-A. The Court held that the delay in publishing the declaration indicated a lack of real urgency, thus rendering the dispensation of inquiry invalid. The Court emphasized that urgency must be substantiated by planned development needs, and the procedural requirements under the Act must be strictly followed, leading to the conclusion that the acquisition process was flawed.

A.P. SAREEN vs STATE OF U P · Niyam