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1 - 10 of 19 (0.38 seconds)Section 6 in Tamil Nadu Highways Act, 2001 [Entire Act]
Article 300A in Constitution of India [Constitution]
Section 15 in The Land Acquisition Act, 1894 [Entire Act]
Section 4 in Tamil Nadu Highways Act, 2001 [Entire Act]
The Land Acquisition Act, 1894
Delhi Administration vs Gurdip Singh Uban And Ors. Etc on 18 August, 2000
15. Section 5-A of the Act is in two parts. Upon receipt of
objections, the Collector is required to make such further
enquiry as he may think necessary whereupon he must
submit a report to the appropriate Government in respect of
the land which is the subject matter of Notification under
Section 4 of the Act. The said Report would also contain
recommendations on the objections filed by the owner of the
land. He is required to forward the records of the
proceedings held by him together with the report. On
receipt of such a Report together with the records of the
case, the Government is to render a decision thereupon. It
is now well-settled in view of a catena of decisions that the
declaration made under Section 6 of the Act need not
contain any reason.[See Kalumiya Karimmiya v. The State
of Gujarat and Ors., :[1977]2SCR606 and Delhi
Administration v. Gurdip Singh Uban and Ors.,:
Narain Das Jain (Since Deceased) By L.Rs vs Agra Nagar Mahapalika, Agra on 14 February, 1991
In Narain Das Jain (since deceased) by L.Rs. v. Agra
Nagar Mahapalika, Agra: (1991) 4 SCC 212, this Court
placed reliance upon various reports including the report of
the Law Commission of India which made it clear that
"community has no right to enrich itself by deliberately
taking away the property of any of its members in such
circumstances without providing adequate compensation for
it".
Mahanadi Coal Fields Ltd. & Anr vs Mathias Oram & Ors on 19 July, 2010
(Vide: Mahanadi Coal Fields Ltd. and Anr. v.
Mathias Oram and Ors.: (2010) 11 SCC 269; and
Narmada BachaoAndolan v. State of Madhya
Pradesh and Anr: AIR 2011 SC 1989)”
Bhusawal Municipal Council vs Nivrutti Ramchandra Phalak & Ors on 17 December, 2013
16. However, considerations of the objections by the owner
of the land and the acceptance of the recommendations by
the Government, it is trite must precede a proper
application of mind on the part of the Government.As and
when a person aggrieved questions the decision-making
process, the court in order to satisfy itself as to whether one
or more grounds for judicial review exists, may call for the
records whereupon such records must be produced. The
writ petition was filed in the year 1989. As noticed
hereinbefore, the said writ petition was allowed. This Court
however, interfered with the said order of the High Court
and remitted the matter back to it upon giving an
opportunity to the parties to raise additional pleadings.”
(15)In the judgement in Busawal Municipal Council Case, referred supra,
the Hon’ble Supreme Court after referring to all the earlier judgements
held that right to property is not only a constitutional right under Article
300-A of the Constitution of India, 1950 but is also a statutory right and
sometimes it may even be a human right since at times a person may lose
his livelihood by losing his property. The relevant portions in the
judgement is extracted hereunder: