AIR 1977 SUPREME COURT 183 ::1977 (1) SCC 133 ::1977 SCC(Cri) 49 ::1977 9 Lawyer 55 ::1977 (1) SCR 763 ::1977 (1) SCWR 62

Supreme Court Of India

(From : (1971) 73 BOM LR 872)

Hon'ble Judge(s): A. N. Ray, M. H. Beg, Jaswant Singh , JJJ

(A) Land Acquisition Act (1 of 1894) , S.4— Public purpose - Acquisition of land for development of industrial areas and residential tenements for persons to live on industrial estates is for public purpose. AIR 1963 SC 151 and AIR 1970 SC 1771, Foll. (Para 6) (B) Land Acquisition Act (1 of 1894) , S.17, S.5A— Evidence Act (1 of 1872) , S.106— Acquisition of land for development for industrial and residential purpose - Elimination of summary proceedings - Formation of opinion by authority - Burden of proof. Evidence Act (1 of 1872) , S.106, S.114 Illus.(e), S.114 Illus.(g)— Where certain lands are sought to be acquired and the public purpose indicated in the notification is the development of area for industrial and residential purposes that in itself, on the face of it, does not call for any such action, baring exceptional circumstances, as to make immediate possession, without holding even a summary enquiry under Section 5A of the Act, imperative. On the other hand, such schemes generally take sufficient period of time to enable at least summary inquiries under Sec. 5A of the Act to be completed without any impediment whatsoever to the execution of the scheme. Therefore, the very statement of the public purpose for wh....