Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894:s.5-A rlw s.4(1) and 6- Non-compliance of s. 5-A - Effectof - Land in question acquired at the instance of school, afterdecree of eviction against school had been upheld by allcourts including Supreme Court - Objections of land-ownersummarily rejected - Writ petition dismissed by single Judge- Division Bench of High Court going into merits of objectionsand rejecting the same - Held: Non-consideration ofobjections filed uls 5A(1) has resulted in denial of effectiveopportunity of hearing to appellant - The manner in whichthe Jbint Secretary to the Government approved therecommendation made by Land Acquisition Collectorfavouring acquisition of the property is reflective of total non-application of mind by the competent authority - DivisionBench of High Court by going into merits of objections raisedby appellants, has substituted itself for Land AcquisitionCollector which was clearly impermissible - Judgments ofsingle Judge and Division Bench of High Court are set aside- Notification issued uls 4(1) would be deemed to have lapsedwith passage of time - Time allowed to Management to shiftthe school at alternate site, and further directions issued. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 791 |
Petitioner | Gojer Brothers Private Limited |
Respondent | The State Of West Bengal And Others |
SCR | [2013] 12 S.C.R. 489 |
Judgement Date | 2013-11-28 |
Case Number | 10757-58 |
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