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).