Supreme Court of India · 2003-03-12
VED PRAKASH vs SEC. MINISTRY OF INDUSTRY, LUCKNOW
- Citation / case number
- SC 2000/4193
- Court
- Supreme Court of India
- Petitioner
- VED PRAKASH
- Respondent
- SEC. MINISTRY OF INDUSTRY, LUCKNOW
- Author
- SHIVARAJ V. PATIL. DORAISWAMY RAJU
- Bench
- SHIVARAJ V. PATIL. DORAISWAMY RAJU
Judgment text excerpt
The Supreme Court addressed the legality of land acquisition under the Land Acquisition Act, 1894, specifically Sections 4, 6, and 48. The Court held that the appellants could challenge the acquisition based on the presence of abadi on their lands, which should be considered by the appropriate authorities rather than through Section 5-A. The Court directed the appellants to make representations under Section 48, allowing the government to withdraw from the acquisition if possession had not been taken, thereby establishing that compensation is due if the acquisition is not completed.