In Brief
The U.P. Awas Evam Vikas Parishad sought to reacquire land that had been exempted from acquisition. The respondents claimed the land was never actually taken into possession and sought exemption under Section 48 of the Land Acquisition Act, 1894. The High Court upheld the exemption notification of 2005. The Court held that withdrawal from acquisition requires an opportunity be given to the beneficiary and a valid notification issued. However, a subsequent order cancelling the exemption notification was invalid because it relied on a government order with only prospective effect. The Court dismissed the appeals, confirming that the exemption notification was validly issued after proper notice to the beneficiary.
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