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1 - 10 of 34 (0.35 seconds)Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Section 48 in The Land Acquisition Act, 1894 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
The Land Acquisition Act, 1894
Satendra Prasad Jain And Others vs State Of U.P. And Others on 16 September, 1993
"...In Satendra Prasad Jain v. State of U.P.6, the
question arose: whether notification under Section
4(1) and the declaration under Section 6 get lapsed
if the award is not made within two years as
envisaged under Section 11-A? A Bench of three
Judges had held that once possession was taken
and the land vested in the Government, title to the
land so vested in the State is subject only to
determination of compensation and to pay the
same to the owner. Divesting the title to the land
statutorily vested in the Government and reverting
the same to the owner is not contemplated under
the Act. Only Section 48(1) gives power to
withdraw from acquisition that too before
possession is taken. That question did not arise in
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this case. The property under acquisition having
been vested in the appellants, in the absence of any
power under the Act to have the title of the
appellants divested except by exercise of the
power under Section 48(1), valid title cannot be
defeated. The exercise of the power to quash the
notification under Section 4(1) and the declaration
under Section 6 would lead to incongruity."