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Supreme Court of India 2019-03-05 dismissed

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY vs LT. COL. J. B. KUCHHAL (DEAD)

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

The New Okhla Industrial Development Authority challenged the Allahabad High Court's decision to quash land acquisition notifications affecting private respondents' property. The acquisition was initiated in 1989-1990 under the Land Acquisition Act, but the State had illegally invoked Section 17 to dispense with mandatory inquiry under Section 5A. The Authority constructed a bus terminal on the disputed land without legally acquiring it. The Supreme Court upheld the High Court's order quashing the notifications, finding that the respondents were the registered title holders and the acquisition violated statutory procedure. The Court directed compensation at twice the market value under the Right to Fair Compensation Act, 2013, in view of the Authority's unlawful construction on validly owned land."

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Land Acquisition Constitutional Law Administrative Law Property Rights Land Compensation

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