Uddar Gagan Properties Ltd. vs Sant Singh - Supreme Court

 Uddar Gagan Properties Ltd. vs Sant Singh - Supreme Court Important Judgment 2016 - 

 

On 13th May, 2016, in the case of Uddar Gagan Properties Ltd. vs Sant Singh & Ors. [Civil Appeal No. 5072 of 2016], it was held that the “owner of land has guarantee against being deprived of his rights except under a valid law for compelling needs of the society and not otherwise. The commercial use of land can certainly be rewarding to an individual. Initiation of acquisition for public purpose may deprive the owner of valuable land but it cannot permit another person who may be able to get permission to develop colony to take over the said land. If the law allows the State to take land for housing needs, the State itself has to keep the title or dispose of land consistent with Article 14 of the Constitution after completion of acquisition. If after initiation of acquisition, process is not to be completed, land must revert back to owner on the date of Section 4 notification under the Land Acquisition Act and not to any one else directly or indirectly.” It was further held that “the power to release land from acquisition has to be exercised consistent with the doctrine of public trust and not arbitrarily.”

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