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.