and airtech.

in all cases of emergency acquisition under section 17, the requirement of payment under section 17(3A) must be complied with. As the provision of section 17(1) and section 17(2) cannot be worked out without complying with requirement of payment under section 17(3A) which is in the nature of condition precedent. If section 17(3A) is not complied with, the vesting under section 17(1) and section 17(2) cannot take place. Therefore, emergency acquisition without complying with section 17(3A) is illegal. This is the plain intention of the statute which must be strictly construed. Any other construction, in my opinion, would lead to diluting the Rule of Law.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.24 OF 2009 M/s. Delhi Airtech Services Pvt. Ltd. & Anr. … Appellants Versus State of U.P. & Anr. … Respondents J U D G M E N T Swatanter Kumar, J. 1. I had the advantage of reading the well-written judgment of … Continue reading →