Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1996 (11) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1996 (11) TMI 468 - SC - Indian Laws

Issues involved:
Challenge to acquisition of land under Land Acquisition Act, 1894 u/s 4(1) for manufacturing purposes; Claim for restitution of land possession due to cessation of public purpose.

Judgment Details:

Issue 1: Challenge to Land Acquisition:
The appeal arose from the Madras High Court's judgment on the acquisition of 6 acres 41 cents of land for manufacturing Synthetic Rasina. The land was acquired under Chapter VII of the Land Acquisition Act, 1894. Possession was taken in 1964, and subsequent transfers and lease agreements were made with subsidiary companies. The appellants challenged the acquisition on the grounds of ceased public purpose. The courts held that once compensation was received and land vested in the state, the appellants had no right to challenge the acquisition.

Issue 2: Cessation of Public Purpose:
The appellants argued that the acquisition became invalid when the public purpose ceased to exist. However, the court found no merit in this argument. The acquisition process had been finalized, compensation paid, and possession surrendered to the government as per the agreement's conditions. The land was then allotted for a different public purpose to a subsidiary company. The court concluded that the original public purpose was substituted with another, and the matter had been settled 32 years ago. Therefore, the writ petition could not be entertained after such a long period.

In conclusion, the Supreme Court upheld the High Court's decision to dismiss the appeal, stating that the writ petition could not be entertained after such a long period. The appeal was accordingly dismissed with no costs.

 

 

 

 

Quick Updates:Latest Updates