HC quashes order for land acquisition of 35 people in Indore, Real Estate News, ET RealEstate

March 12, 2024

<p>Representative Image</p>
Representative Image

INDORE: Indore bench of Madhya Pradesh high court on Monday quashed notification for urgent acquisition land of 35 people in Scheme 114, thereby releasing their land from the residential scheme of Indore Development Authority (IDA).

Division bench comprising Justice SA Dharmadhikari and Justice Pranay Verma held that there has been gross illegality and irregularity in the matter of invocation of the urgency clause under Section 17(1) of the Land Acquisition Act, 1894 which has deprived the appellants of their fundamental right of hearing in the matter.

“The appeals deserve to be and are accordingly allowed. The notification under Section 4(1) & 6(1) of the Act, 1894 and the consequent award dated 27.11.1992 only in so far as the same relates to the present appellants are hereby quashed,” the court held.

Advocate Mudit Maheshwari, who represented a group among the 35 appellants, told TOI the order releases the land of the petitioners from the scheme.

The state govt, in exercise of powers under Section 4(1) and 17(1)(4) of the Act, had issued a notification dated Oct 6, 1989 declaring its intention to acquire 84.237 hectare of land in village Niranjanpur and Pipliyakumar in Tehsil and District to develop Scheme No. 114 Part 1 and II.

The invocation of the urgency clause is justifiable only if there exists real emergency which cannot brook delay of even few days or months and if there would be even a small delay of few weeks or months it may frustrate the public purpose for which the land is sought to be acquired, the bench observed. After receiving the requisition from IDA for compulsory acquisition of the land which requisition itself took 3 years and 10 months for being made from the date of commencement of the formation of the scheme, the State Govt straight away without any application of mind published the notification under Section 4(1) and Section 17(1) (4) and dispensed with the right of the appellants.

The respondents have not even tried to justify at any place in any of the returns filed by them in all the cases as to what was the real emergency for which the urgency clause was invoked, the court said.

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  • Published On Mar 12, 2024 at 04:00 PM IST

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