Law: Land Acquisition Act, 1894

Section: 17(1)(2),17(4),4,5,5-A

(a) Land Acquisition Act (I of 1894)--- ----Ss. 17(1)(2) 17(4)---Acquisition of land---Special powers in cases of urgency---Pre-condition---Words in cases where in the opinion of the Commissioner the provisions of subsection (1) or subsection (2) are applicable---Scope---Legislature requires Commissioner to form an opinion---Opinion must be expressed in writing and cannot be presumed to exist in the mind of Commissioner without finding expression in a written order. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5, 5-A, 9(1), 17(1)(2) 17(4)---Acquisition of land---Case of urgency--- Fundamental rights, violation of--- Petitioners assailed notifications whereby land in question was acquired treating the matter as case of urgency, without compliance of mandatory provisions of law---Validity---Provisions of Ss. 5 5-A of Land Acquisition Act, 1894, and all other provisions up till publication of notice under S. 9 of Land Acquisition Act, 1894, were to be complied with and carried out to full effect---Notification was to be issued under S. 5 of Land Acquisition Act, 1894, that land was needed for public purpose or company---Right of hearing under S. 5-A of Land Acquisition Act, 1894, was conferred on any person interested in any land which was notified under S. 5 of Land Acquisition Act, 1894 and to object to acquisition of land---Such right was fundamental to the process of acquisition and was inviolate even in case of urgency contemplated by S. 17(1) of Land Acquisition Act, 1894---Possession could only be taken after publication of notice mentioned in S. 9(1) of Land Acquisition Act, 1894---No such proceedings took place in the present case and requirements of S. 17(1) of Land Acquisition Act, 1894, had gone abegging---If such was the situation, then S. 17(4) of Land Acquisition Act, 1894 could not have come into play as the provision was subject to applicability of S. 17(1) (2) of Land Acquisition Act, 1894---Such power was further subject to another important rider which was contained in proviso to S. 17(1) of Land Acquisition Act, 1894, which related to deposit by department of Government, the local authority or company for which land was being acquired to…

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