Supreme Court of India · 2004-09-10
B.E.M.L.EMPLYS.HOUSE BLD.CO-OP.SO.LTD. vs STATE OF KARNATAKA .
- Citation / case number
- SC 1998/11648
- Court
- Supreme Court of India
- Petitioner
- B.E.M.L.EMPLYS.HOUSE BLD.CO-OP.SO.LTD.
- Respondent
- STATE OF KARNATAKA .
- Author
- SRIKRISHNA
- Bench
- SHIVARAJ V. PATIL & B.N. SRIKRISHNA
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision to quash the land acquisition proceedings concerning the fifth Respondent's land under Section 4(1) and Section 5A of the Land Acquisition Act, 1894. The Court found that the State Government acted arbitrarily by ignoring the Special Land Acquisition Officer's recommendation to exclude the fifth Respondent's land while accepting similar recommendations for other landowners, thus violating Article 14 of the Constitution. The appeal by the cooperative society was dismissed, affirming the High Court's ruling.