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.