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Har Karan Singh Vs. State of U.P. and Others

Court : Allahabad

..... if the property belongs to economically disadvantaged segment of the society or people suffering from other handicaps, then the court is not only entitled but is duty bound to scrutinize the action/decision of the state with greater vigilance, care and circumspection keeping in view the fact that the land owner is likely to become landless and deprived of the only source of his livelihood and/or shelter. ..... when the government proceeds for compulsory acquisition of particular property for public purpose, the only right that the owner or the person interested in the property has, is to submit his objections within the prescribed time under section 5a of the act and persuade the state authorities to drop the acquisition of that particular land by setting forth the reasons such as the unsuitability of the land for the stated public purpose; the grave hardship that may be caused to him ..... , rehabilitation of natural calamity affected persons; rehabilitation of persons uprooted due to commissioning of dam or housing for lower strata of the society urgently; rehabilitation of persons affected by time bound projects, etc. ..... state of haryana (2003) 5 scc 622; state of maharashtra v. b.e. ..... the argument that out of 1600 farmers, about 1400 have accepted compensation under the agreement known 'karar niyamawali 1997 cannot support the illegalities committed in the proceedings of acquisition. .....