Judgement of the Supreme Court of India regarding acquisition of land under Section 17 of the Land Acquisition Act, 1894, 17/08/2015

  • 17/08/2015

Judgement of the Supreme Court of India in the matter of M/S. Soorajmull Nagarmull Vs State of Bihar & Others dated 17/08/2015 regarding acquisition of land under Section 17 of the Land Acquisition Act, 1894.

The Respondent State initiated acquisition proceedings in 1981 by Notifications under Section 4 and Section 6 of the L.A. Act, both dated 25.3.1981, invoking the urgency provisions contained in Section 17. The operation of Section 5A was simultaneously made inapplicable by resorting to Section 17(4). Possession of the land was taken by the Respondent State after almost five months on 20.8.1981. The land has subsequently been declared to be a ‘Protected Forest’ as envisaged in Section 29 of the Indian Forest Act, 1927 as per Notification dated 4.9.1990.