Common law
Content
MATERIAL FACTS
The defendants proposed the acquisition of land in which appellant’s land was
included for development purposes.
The Appellants made an application for permission to use the acquired land for group
housing.
The defendants released the lands of others but not the appellants.
CONCRETE DECISION
In the result, the appeals are allowed, the impugned order is set aside and the
declaration issued by the State Government under Section 6(1) is quashed. However, it
is made clear that this judgment shall not preclude the State Government from taking
fresh decision after objectively considering the objections filed by the Appellants under
Section 5-A(1).
RATIO DECIDENDI
Rules of natural justice have been ingrained with view to ensure that before any person is
deprived of his land by way of compulsory acquisition, he must get an opportunity to oppose
the decision of the authorities to acquire the particular parcel of land.
INTRODUCTION
This project is based on the reading and interpretation of a case by identifying material facts
of the case, concrete judgement of the court and the ratio decidendi of the case. The case
discussed in the project is one where there is an acquisition of land by the state government
which is challenged by the appellant.
Name and citation of the case:
Usha Stud and Agricultural farms pvt. Ltd. And others. Vs. State of Haryana and others
MANU/SC/0286/2013
The National Law Institute University
Common Law Method Project
A Case Analysis of:
Usha Stud and Agricultural farms pvt. Ltd. And others. Vs. State of Haryana and others
MANU/SC/0286/2013
Submitted to:
Professor(Dr.) Ghayur Alam
Submitted by:
Chirag Chhabra
Roll no.: 2013BA.LLB108
Enrolment ID: A-1359
The defendants proposed the acquisition of land in which appellant’s land was
included for development purposes.
The Appellants made an application for permission to use the acquired land for group
housing.
The defendants released the lands of others but not the appellants.
CONCRETE DECISION
In the result, the appeals are allowed, the impugned order is set aside and the
declaration issued by the State Government under Section 6(1) is quashed. However, it
is made clear that this judgment shall not preclude the State Government from taking
fresh decision after objectively considering the objections filed by the Appellants under
Section 5-A(1).
RATIO DECIDENDI
Rules of natural justice have been ingrained with view to ensure that before any person is
deprived of his land by way of compulsory acquisition, he must get an opportunity to oppose
the decision of the authorities to acquire the particular parcel of land.
INTRODUCTION
This project is based on the reading and interpretation of a case by identifying material facts
of the case, concrete judgement of the court and the ratio decidendi of the case. The case
discussed in the project is one where there is an acquisition of land by the state government
which is challenged by the appellant.
Name and citation of the case:
Usha Stud and Agricultural farms pvt. Ltd. And others. Vs. State of Haryana and others
MANU/SC/0286/2013
The National Law Institute University
Common Law Method Project
A Case Analysis of:
Usha Stud and Agricultural farms pvt. Ltd. And others. Vs. State of Haryana and others
MANU/SC/0286/2013
Submitted to:
Professor(Dr.) Ghayur Alam
Submitted by:
Chirag Chhabra
Roll no.: 2013BA.LLB108
Enrolment ID: A-1359
