Surinder Singh Brar Vs. Union of India
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The Land Acquisition Act, 1894 - Section 4 (1)
Environment (Protection) Act, 1986 - Section 3(3) - Environment (Protection) Rules, 1986 - Rule 5(3) - Punjab Reorganisation Act, 1966 - Chandigarh (Delegation of Powers) Act, 1987 - Section 3 - Violation of the Periphery Act - Public purpose not defined - Violation of Environmental and Forest Laws - No Planning/Scheme exists and Discrimination - Market value, making undue and illegal profit by the UT administrtion/its agencies - Violation Of Master Plan - Section 6(1) must be preceded by consideration of the report prepared by the Collector after considering the objections filed under Section 5A and hearing the objectors. This necessarily implies that the Government must objectively apply its mind to the report of the Collector and the objections filed by the landowners and then take a decision whether or not the land is needed for the specified public purpose. A mechanical endorsement of the report of the Collector cannot be a substitute for the requirement of application of mind by the Government which must be clearly reflected in the record.
Topic(s)-
Important Decision(s)- Public purpose not defined - Violation Of Master Plan.