000 01545cab a2200181 4500
001 ABS40600
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u24947
041 _aeng
245 _aR v SoS for Transport and others ex parte de Rothschild and another
260 _c1989
350 _a0
490 _aAll England Law Reports
_v(1989) 1 All ER 933-944(12)
520 _aCA 12 July 1988. A highway authority made a compulsory purchase order to acquire land owned by D for construction of a bypass . D objected and an inquiry was held at which they put forward four alternative routes on other land which they owned and were prepared to sell. The inspector found in favour of the original route on the grounds of cost. This was confirmed by the SoS. D applied for a judicial review by way of an order of certiorari quashing it. The judge dismissed this. D appealed contending that the onus was on the highway authority to justify the order and the SoS had applied a test that was wrong in law because a cpo should only be confirmed if it was decisively in the public interest . It was held that there were no special rules relating to unreasonableness which could be applied when considering a challenge to the confirmation of the SoS. No reasonable SoS would be likely to confirm a cpo in the absence of sufficient justification, or to impose such an order on a landlor
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
942 _n0
948 _c04/03/1997
999 _c16728
_d16728