Govt can take land only if there is genuine need: SC

The Supreme Court has said that the government cannot acquire private properties by invoking the ‘urgency clause’,unless there is a genuine need that can’t brook delay.

Written by Express News Service | New Delhi | Published:January 6, 2012 1:27 am

The Supreme Court has said that the government cannot acquire private properties by invoking the ‘urgency clause’,unless there is a genuine need that can’t brook delay.

“The invoking of the urgency provisions can be justified only if there is a real emergency that cannot brook delay of even a few weeks or months,” the apex court said. A bench of Justices GS Singhvi and SJ Mukhopadhaya said if the state failed to give a fair hearing to the land owners and invoked the urgency clause without proper justification,it would amount to depriving the citizen of his fundamental rights guaranteed under the Constitution.

“What needs to be emphasised is that although in exercise of the power of eminent domain,the government must remember that compulsory acquisition of land belonging to a private individual is a serious matter and has grave repercussions on his constitutional right of not being deprived of his property…”

Justice Singhvi,writing the judgement,said.

The apex court passed the judgement while quashing the Delhi government’s acquisition of private lands of Darshan Lal Nagpal and others at Mandoli village for establishing a electric substation by Delhi Transco Limited.

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