Usha Stud & Agricultural Farms (P) Ltd. v. State of Haryana, (2013) 4 SCC 210
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 5-A and 6(1) - Hearing of objections - Natural justice rule enshrined in S. 5-A - Mandatory requirement of proper
application of mind - Failure to comply therewith - Effect of - Acquisition quashed - While taking a decision to reacquire
land in question, objections filed by appellants and report made by Collector under S. 5-A(2) not adverted to - Held,
direction given by Chief Minister for issue of Notification under S. 6(1) without considering objections of appellants and
other relevant factors must be held as vitiated due to non-application of mind and as not being in consonance with
scheme of S. 5-A(2) r/w S. 6(1), (2013) 4 SCC 210-A
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 5-A and 6(1) - Hearing of objections - Natural justice rule enshrined in S. 5-A - Nature and scope of - Restated,
(2013) 4 SCC 210-B
Constitution of India
Arts. 14 and 300-A - Withdrawal from land acquisition - Discrimination in - Held, High Court overlooked the fact that
after Chief Minister had ordered acquisition of vacant land belonging to persons other than appellants, but thereafter,
State Government and/or HUDA executed agreements with such persons and released such persons' acquired land
leaving out appellants' land and in this manner appellants were subjected to hostile discrimination - State Government's
refusal to release the appellants' land resulted in violation of their right to equality under Art. 14 - Impugned order set
aside and declaration under S. 6(1) of 1894 Act in respect of appellants' lands, quashed, (2013) 4 SCC 210-C
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 3(c), 4(1) & (2), 5-A(1) & (2), 6(1) & (2), 11 and 23 - Whole scheme of provisions of Land Acquisition Act starting
from publication of notification to actual acquisition, explained and restated, (2013) 4 SCC 210-D
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Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 5-A and 6(1) - Hearing of objections - Natural justice rule enshrined in S. 5-A - Mandatory requirement of proper
application of mind - Failure to comply therewith - Effect of - Acquisition quashed - While taking a decision to reacquire
land in question, objections filed by appellants and report made by Collector under S. 5-A(2) not adverted to - Held,
direction given by Chief Minister for issue of Notification under S. 6(1) without considering objections of appellants and
other relevant factors must be held as vitiated due to non-application of mind and as not being in consonance with
scheme of S. 5-A(2) r/w S. 6(1), (2013) 4 SCC 210-A
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 5-A and 6(1) - Hearing of objections - Natural justice rule enshrined in S. 5-A - Nature and scope of - Restated,
(2013) 4 SCC 210-B
Constitution of India
Arts. 14 and 300-A - Withdrawal from land acquisition - Discrimination in - Held, High Court overlooked the fact that
after Chief Minister had ordered acquisition of vacant land belonging to persons other than appellants, but thereafter,
State Government and/or HUDA executed agreements with such persons and released such persons' acquired land
leaving out appellants' land and in this manner appellants were subjected to hostile discrimination - State Government's
refusal to release the appellants' land resulted in violation of their right to equality under Art. 14 - Impugned order set
aside and declaration under S. 6(1) of 1894 Act in respect of appellants' lands, quashed, (2013) 4 SCC 210-C
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 3(c), 4(1) & (2), 5-A(1) & (2), 6(1) & (2), 11 and 23 - Whole scheme of provisions of Land Acquisition Act starting
from publication of notification to actual acquisition, explained and restated, (2013) 4 SCC 210-D
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