Supreme Court of India · 2009-05-15
MAHENDER PAL vs STATE OF HARYANA .
- Citation / case number
- SC 2007/18107
- Court
- Supreme Court of India
- Petitioner
- MAHENDER PAL
- Respondent
- STATE OF HARYANA .
- Author
- S.B. SINHA
Judgment text excerpt
The Supreme Court examined the validity of notifications issued under Section 4 and Section 17(4) of the Land Acquisition Act, 1894, for acquiring land for public purposes. The Court held that the emergency powers under Section 17 can only be invoked if the foundational facts for such an opinion are satisfied, emphasizing the necessity of a reasonable basis for declaring an emergency. The Court found that the appellants had a valid case for detailed examination regarding their objections to the acquisition, particularly given the presence of residential structures and ancestral sites on the land in question.