As observed by the Supreme Court of India, it is unfortunate that despite repeated judicial pronouncements, the executive authorities entrusted with the task of acquiring private land for any specified public purposes have time and again exhibited total lack of seriousness in the performance of their duties under the statute. Often they do not comply with the mandate of section 5A of the Land Acquisition Act, This batch of appeals was illustrative of the malady that has afflicted the State authorities who are keen to acquire private lands in the name of planned development of various urban areas, but do not bother to comply with the relevant statutory provisions and the rules of natural justice. In the instant case, the documents produced before the Court did not show that the State Government had objectively applied mind to the recommendations made by the Land Acquisition Collector and felt satisfied that the land in question deserved to be acquired for the purpose specified in the notification issued under section 4(1) of the Act. It was held that the impunged acquisition was ultra vires the provisions contained in section 6 of the Act.
Women Education Trust v. State of Haryana; 2013 (6) SCALE 684 (SC)
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