Search Results Page
Search Results
1 - 10 of 70 (0.39 seconds)Article 21 in Constitution of India [Constitution]
State Of U.P. Etc vs Smt. Pista Devi & Ors on 12 September, 1986
Soon after Pista Devi's case (supra) was decided, it was on
10.09.1987, the HUDA issued a circular for allotment of residential
plots/commercial sites to the oustees in the various Urban Estates. All the
Policies issued from time to time contemplate sizes of the plot to be allotted
keeping in view the extent of land acquired. There is no challenge to such
sizes of the plots offered. However, the issue is regarding eligibility and the
process of allotment. Brief reference to each of the Policy is made
hereinafter keeping in view the contentions raised.
The Land Acquisition Act, 1894
Article 14 in Constitution of India [Constitution]
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Article 300A in Constitution of India [Constitution]
Section 48 in The Land Acquisition Act, 1894 [Entire Act]
New Reviera Co-Op. Housing Society & ... vs Special Land Acquisition Officer & Ors. ... on 4 December, 1995
In New Reviera Coop Housing
Society v. Special Land Acquisition Officer, (1996) 1 SCC 731, para 9, it
was observed that the issue of alternative sites had to be considered in
accordance a scheme but in absence thereof, the acquisition could not be
held to be violative of Article 21 of the Constitution.
State Of Kerala & Anr vs Peoples Union For Civil Liberties & Ors on 21 July, 2009
36. The Court cannot strike down a policy decision taken by the
Government merely because it feels that another decision would have been
fairer or more scientific or logical or wiser. The wisdom and advisability
of the policies are ordinarily not amenable to judicial review unless the
policies are contrary to statutory or constitutional provisions or arbitrary or
irrational or an abuse of power. (See Ram Singh Vijay Pal Singh v. State of
U.P. (2007) 6 SCC 44, Villianur Iyarkkai Padukappu Maiyam v. Union of
India (2009) 7 SCC 561 and State of Kerala v. Peoples Union for Civil
Liberties (2009) 8 SCC 46.)