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Sri Radhy Shyam (Dead) Through L.Rs. and other vs State of Uttar Pradesh

Country/Territory
India
Type of court
National - higher court
Date
Apr 15, 2011
Source
UNEP, InforMEA
Court name
Supreme Court of India
Judge
Ganguly, A.K.
Singhvi, G.S.
Reference number
No. 3261
Language
English
Subject
Land & soil, Legal questions
Keyword
Constitutional law Land tenure Foreign land tenure
Abstract
The apex court passed the present judgement while quashing the acquisition of 205 hectares of agricultural land in Uttar Pradesh's Gautam Budh Nagar by the state on behalf of the Greater NOIDA Industrial Development Authority for business enterpreneurs in March 2008. The land owners Radhy Shyam and others had challenged the acquistion on the ground that the government invoked Section Section 17(1) and 17(4) of the Land Acquisition Act empowering it to dispense with the process of inviting objections from the victims as mandated under Section 5A of the legislation. The high court had dismissed the land owners' plea, after which they appealed in the apex court. Upholding the landowners plea, the apex court said if land is acquired for the benefit of private persons, the court should view the invoking of Section 17(1) and/or 17(4) with suspicion and carefully scrutinize the relevant record before adjudicating upon the legality of such acquisition. The Supreme Court said the right to property is a constitutional right and government cannot deprive a person of his land in an arbitrary manner and courts should view with "suspicion" the action of the government in acquiring land for private parties in the name of urgency.
Full text
COU-159306.pdf