Case Note & Summary
The State of Maharashtra appealed against a common judgment of the High Court dated 10.3.2006 in two writ petitions filed by Reliance Industries Ltd. and Express Newspapers. The High Court had quashed the acquisition of parts of buildings without acquiring the land underneath, deeming it unsustainable under the Land Acquisition Act, 1894. In the Reliance case, premises on the third floor of 'Reliance Centre' at Ballard Estate, Bombay, admeasuring 1478 sq. mts., had been requisitioned in 1970 under the Bombay Land Requisition Act, 1948 and were occupied by government departments. The State later initiated acquisition proceedings under the Land Acquisition Act, issuing a notification under section 4 to acquire a portion of the third floor. Reliance challenged the requisition and acquisition, filing writ petitions. Similarly, Express Newspapers challenged acquisition of part of its building where the land belonged to the Government. The core legal issue was whether the Land Acquisition Act permits acquisition of a part of a building without acquiring the land beneath it when the building owner does not own the land. The High Court held that such acquisition is invalid and quashed the proceedings. The State contended that the acquisition was necessary for public purposes, but the High Court found the acquisition without land to be impermissible. The State appealed to the Supreme Court, which was called upon to decide the correctness of the High Court's interpretation of the Act. (The excerpt does not provide the Supreme Court's final decision.)
Headnote
A) Land Acquisition - Acquisition of Part of Building - Requirement to Acquire Land - Land Acquisition Act, 1894 - Whether acquisition of part of a building can be made without acquiring the land underneath the building where the building owner does not own the land - High Court quashed acquisition as unsustainable, holding that such acquisition sans land is not permissible - State appealed to Supreme Court (Paras 1-4).
Issue of Consideration
whether, under the Act, acquisition of part of the building can be made without acquiring land underneath to such building.
