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Supreme Court of India 2017-03-30 allowed

Delhi Administration & Anr vs Kidarnath Mohindernath & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A landowner whose property was included in a land acquisition declaration challenged it, claiming exemption based on a building plan sanction dated 1974. Although the Section 4 notification listed exceptions for such sanctioned plans, the landowner did not file objections during the Section 5-A inquiry. The Supreme Court held that exemption claims must be actively raised at the inquiry stage and cannot be asserted later. Non-filing of objections constitutes waiver of exemption rights. The Court upheld the Section 6 declaration as valid, holding that finality in acquisition proceedings requires claims to be raised timely or be forfeited.

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Land Acquisition Administrative Law Notification and Declaration Procedure

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