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1 - 10 of 27 (0.43 seconds)The Land Acquisition Act, 1894
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Section 5 in The Land Acquisition Act, 1894 [Entire Act]
Article 21 in Constitution of India [Constitution]
Section 12 in The Land Acquisition Act, 1894 [Entire Act]
The Delhi Development Authority Act, 1957
Aflatoon And Others vs Lt. Governor Of Delhi & Others on 23 August, 1974
22. As pointed out in the above judgments, there is no need
that the land proposed to be acquired by the Government for a
particular public purpose should be for the same purpose or use
mentioned in the master plan or Zeal Plan for the said area. Nor
Gupta Shivani
2013.08.02 12:10
I attest to the accuracy and
integrity of this document
High Court Chandigarh
CWP No. 7858 of 2011 31
will the acquisition be invalid merely because the land proposed to
be acquired is for a purpose other than the one permitted by the
Master Plan or Zonal Plan applicable to that locality. Acquisition
will be valid if it is for a public purpose even if it is not for the type
of user permitted by the Master Plan or Zonal Plan in force at the
time the acquisition is made. It will be for the beneficiary of the
acquisition to move the competent authority under the Development
Act and obtain the sanction of the said authority for suitable
modification of the Master Plan so as to permit the use of the land
for the public purpose for which the land is acquired. In fact, it may
be difficult for the beneficiary of the acquisition to move the
competent authority under the Development Act seeking permission
to change of land use even before the land is acquired or before
possession is givento the beneficiary. On the principle stated in
Aflatoon's case (AIR 1974 SC 2077), it is clear that acquisition for a
public purpose and obtaining permission from competent authority
under the concerned Development Act for change of land use are
different from one another and the former is not dependent upon the
latter.