AIR 2013 SUPREME COURT 1578 ::2013 AIR SCW 1494 ::(2013) 1 WLC(SC)CVL 584 ::2013 (2) RecCivR 331 ::(2013) 3 Scale 180 ::AIR 2013 SC (Civil) 1346 ::2013 (3) SCC 764 ::2013 (2) ICC 512 ::2013 (2) KLT SN 13 (SC) ::2013 (2) Raj LW 1220

Supreme Court Of India

Hon'ble Judge(s): R. M. Lodha, J. Chelameshwar , JJ

(A) Rajasthan Land Acquisition Act (24 of 1953) , S.17(1), S.17(4), S.5A— Invocation of urgency clause and dispensation of inquiry - Power of Govt. - Not unbridled and uncontrolled - Cannot be exercised any time after S. 4 notification - Ought to be exercised only when acquisition cannot brook delay of few weeks or months - Invocation of urgency clause 7 yrs. after S. 4 notification - Unjustified. Land Acquisition Act (1 of 1894) , S.17, S.5A— Power conferred on Govt. by S. 17(1) and (4) is not unbridled and uncontrolled. The absence of any time limit prescribed in S. 17(1) and (4) for exercise of such power after issuance of notice under S. 4 of the 1953 Act does not mean that Govt. can invoke power of urgency whenever it wants. The provisions contained in S. 17 confer extraordinary power upon the State to appropriate the private property without complying with the mandate of S. 5A and, therefore, these provisions can be invoked only when the purpose of acquisition cannot brook the delay of even few weeks or @page-SC1579 months. The State Government, therefore, has to apply its mind before it invokes its power of urgency and dispensation of inquiry under S. 5-A that the compliance of the mandate of S. 5-A may lead to precious loss of time which may defeat the purpose for which land is sought to be acquired. Any c....