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Supreme Court of India 2016-08-10 allowed

State of Uttarakhand & Ors vs Rajiv Berry & Ors

Bench: 2 — Ranjan Gogoi

In Brief

The State of Uttarakhand sought to acquire private land to expand the Secretariat building in Dehradun. The High Court had struck down the acquisition, finding procedural defects: it believed the State Government had not properly considered the Collector's report before issuing the final declaration, and that the State improperly switched from a fast-track urgency process to taking possession while still allowing public objections. The Supreme Court reversed the High Court. The Court held that urgency provisions and objection procedures are independent—the State lawfully could allow objections while still taking early possession. The State's approval of the report was properly documented and authorized. Compensation paid after possession, not before, does not invalidate acquisition if other statutory steps are met. The acquisition was valid.

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Land Acquisition Law Constitutional Law Administrative Law Property Rights Urgent Possession Statutory Interpretation

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