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Supreme Court of India 2017-01-04 dismissed

State of U.P. and Ors vs Abdul Ali and Ors

Bench: 2 — Kurian

In Brief

The State of U.P. acquired a plot of land and issued an Award on 09.08.1989 covering an entire area, including a property owned by the respondents. However, this respondent's property had never been included in the initial Notification under Section 4 or Declaration under Section 6 of the Land Acquisition Act, 1894. The State later realized this omission and issued corrigenda in December 1992 and June 1993 to include the property. The Supreme Court held that once an Award is passed, no correction to the Notification or Declaration is permissible. An Award cannot validly cover property not prior-notified and declared. The defect could not be cured retroactively. The appeal was dismissed, but the State was permitted to initiate fresh acquisition proceedings if it wished.

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