Showing posts with label Land Acqusition. Show all posts
Showing posts with label Land Acqusition. Show all posts

Sunday, 23 March 2025

A statutory board lacks the authority to unilaterally reverse a government land acquisition for a public purpose through a private agreement.

 Land Acquisition Act, 1894 — Sections 4 and 6 — Delhi Agricultural Produce Marketing (Regulation) Act, 1976 — Sections 4 and 6 — Land acquired under the Land Acquisition Act, 1894 vests absolutely in the government upon possession — A statutory body, for whose benefit the land was acquired, cannot enter into a private agreement to return a portion of the land, as this would circumvent the law — Such an agreement is contrary to the fundamental policy of Indian law and constitutes a fraud on the state's sovereign power of eminent domain — An arbitral award upholding such an illegal agreement is against public policy and liable to be set aside.

DELHI AGRICULTURAL MARKETING BOARD, THROUGH ITS CHAIRMAN

Vs.

BHAGWAN DEVI (DEAD), THROUGH HER LR.