Legal Reference Library

In Church Of North India Trust Association vs Union of India, the Allahabad High Court has held that land belonging to religious bodies can be acquired by the government for achieving a larger public purpose. A division bench of Justice V K Shukla and Justice MC Tripathi has dismissed a petition filed by the Church of North India Association challenging a notification by which its land was acquired for construction of a bypass road connecting Agra with Etawah. The petitioners contended that Constitution of India provides for Right to Freedom of Religion under Article 25 and the Freedom to Manage Religious Affairs under Article 25 and 26 of the Constitution of India. As the Christian community has their place of worship viz Moore Memorial Church, Shikohabad, Firozabad district, and an ancient graveyard, which is operative till date, on the land concerned and these properties are place of worship under freedom of conscience, the removal of the church and the graveyard by the impugned not...

The Supreme Court today quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”. Civil rights organizations, several of them backed by present chief minister Mamata Banerjee, had moved the apex court challenging the acquisition. The court was hearing a bunch of petitions challenging the quashing of Singur Land Acquisition Act brought in by the Mamata government by the Calcutta high court. Mamata government also became a petitioner later challenging quashing of the Act. A bench of justice V Gopala Gowda and justice Arun Mishra while pronouncing the judgment directed that the land be given back to farmers in 12 weeks. Though the Judges agreed on conclusion, differed on the question whether the land acquisition was  for public purpose or not . Justice Gowda, held that  the acquisition of land by taking it away from the farmers cultivati...

Supreme Court in UDDAR GAGAN PROPERIES LTD. VS. SANT SINGH has made some pertinent observations about Land acquisition by the State and private builder benefitting in the process. The Bench comprising of Justices Anil R. Dave and Adarsh Kumar Goel observed that land acquired for housing purpose must revert back to owner, and not to anyone else directly or indirectly. The land was proposed to be acquired for residential/commercial sector by the Haryana Urban Development Authority. The High Court had held that the High Court that there was an abuse of power in releasing the land in favour of the builder. On Appeal, the Apex Court made the following observations: There could be no objection to acquisition of land for a compelling public purpose nor to regulated development of colonies, but entertaining an application for releasing of land in favour of the builder who comes into picture after acquisition notification and release of land to such builder tantamount to acquisition for a priva...

           CASE NO.: Appeal (civil)  6756 of 2003 PETITIONER: Daulat Singh Surana & Others RESPONDENT: First Land Acquisition Collector & Others DATE OF JUDGMENT: 13/11/2006 BENCH: ASHOK BHAN & DALVEER BHANDARI JUDGMENT: This appeal is directed against the judgment of the Division Bench of the Calcutta High Court delivered in FMAT No.6 of 1997 dated 10th October, 2002. The appellant is aggrieved by the Notification under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 dated 13th December, 1994 and 23rd June, 1995 respectively published and made by the Government of West Bengal in respect of premises no.4, Pretoria Street, Calcutta measuring more or less 0.0988 hectare (0.2441 acre). The appellant had challenged the said notification by filing a writ petition before the Calcutta High Court. The learned Single Judge had allowed the writ petition and quashed the notification. The said notificati...