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november 2008

Supreme Court of India · 2008-11-07

ESSCO FABS PVT. LTD. vs STATE OF HARYANA

Citation / case number
SC 2004/13975
Court
Supreme Court of India
Petitioner
ESSCO FABS PVT. LTD.
Respondent
STATE OF HARYANA
Author
C.K. THAKKER,D.K. JAIN, , ,
Bench
C.K. THAKKER,D.K. JAIN, , ,

Judgment text excerpt

The Supreme Court examined the legality of land acquisition proceedings initiated under the Land Acquisition Act, 1894, specifically Sections 4 and 6, and held that the final notification issued without proper publication of the preliminary notification was illegal. The Court emphasized that the right to own and enjoy property is a constitutional right under Article 300A, and the arbitrary application of the urgency clause under Section 17 deprived the appellant of their right to raise objections. Consequently, the Court ruled in favor of the appellant, declaring the acquisition proceedings invalid.

ESSCO FABS PVT. LTD. vs STATE OF HARYANA · Niyam