Supreme Court of India · 2017-03-30
DELHI ADMINISTRATION vs KIDARNATH MOHINDERNATH
- Citation / case number
- SC 2006/15533
- Court
- Supreme Court of India
- Petitioner
- DELHI ADMINISTRATION
- Respondent
- KIDARNATH MOHINDERNATH
- Author
- S. ABDUL NAZEER ARUN MISHRA
- Bench
- S. ABDUL NAZEER ARUN MISHRA
Judgment text excerpt
The Supreme Court addressed the validity of land acquisition proceedings initiated under the Land Acquisition Act, 1894, specifically examining Sections 4 and 6. The Court held that the respondents' land was exempt from acquisition due to prior sanction of a building plan by the Municipal Corporation of Delhi, which was not properly included in the declaration under Section 6. The Court affirmed the High Court's decision to allow the writ petition, emphasizing that the Delhi Administration's failure to file a response or objections under Section 5-A undermined their position.