State of Haryana Vs. Eros City Developers P Ltd. & Ors.
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Head Note
The Land Acquisition Act, 1894 - Section 4 , Section 6
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, Clause (f) of Rule 26-D -Land Acquisition - Public Purpose - Quashing on the ground that the land was not used as no construction was done in terms of Clause (f) of Rule 26-D of 1965 Rules on the land in question - Purpose i.e. for expansion and systematic development of Surajkund Tourist Complex, is a public purpose - It included development of parking area adjacent to Surajkund Tourist Complex near annual Surajkund Fair - High Court held to be incorrect in holding that the State has not acted bonafide, after 1992 acquisition proceedings were dropped -Earlier proceedings were dropped in the light of orders passed in M.C. Mehta's Case in the year 1996, restraining construction in the area, and after modification in the said order in the year 1998, the State took fresh decision to acquire the land for public purpose and there is no illegality in the same - Impugned judgment and order passed by the High Court liable to be set aside.
Topic(s)-Land Acquisition - Public Purpose - Quashing of acquisition set aside