The Supreme Court has said that the government cannot compulsorily acquire private properties by casually invoking the urgency clause unless there was a genuine need which cannot brook any delay.
A bench of justices G S Singhvi and S J Mukhopadhaya said if the State failed to give a fair hearing to the land owners and invoke the urgency clause without proper justification it would be deprivation of the citizen's fundamental right guaranteed under the Constitution.
The apex court passed the judgement while quashing the Delhi government's acquisition of private lands of some persons at Mandoli village for establishing an electric sub-station by Delhi Transco Limited.