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december 2008

Supreme Court of India · 2008-12-15

DHARAM PAL vs STATE OF HARYANA .

Citation / case number
SC 2004/21603
Court
Supreme Court of India
Petitioner
DHARAM PAL
Respondent
STATE OF HARYANA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court set aside the Punjab and Haryana High Court's dismissal of a writ petition challenging the legality of a Notification under Section 4 of the Land Acquisition Act, 1894, and a declaration under Section 6. The Court held that the Secretary, Urban Estates Department, must consider the appellant's objections regarding the exclusion of land occupied by structures, while allowing for the removal of structures necessary for public amenities. The Court emphasized the need for a fair assessment of the structures' existence prior to the notification under Section 4(1).

DHARAM PAL vs STATE OF HARYANA . · Niyam