Land Acquisition Act, 1894 – Sections 5A and 17(4) – Evidence Act, 1872 – Section 106 – Special powers in cases of urgency – HELD On an appreciation of the evidence made available by all the parties it is open to the court to conclude that no occasion arose for resorting to the power under Section 17 (4) which indeed must be read as an exception to the general rule that the acquisition of property is made after affording an opportunity the person adversely affected to demonstrate that the acquisition was unjustified.
SUPREME COURT OF INDIA DIVISION BENCH HAMID ALI KHAN (D) THROUGH LRS. AND ANOTHER — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and…