Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
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 – Respondent Nos.1 to 3 purchased land in question from the predecessor-in-title – With respect to the land in question, s.4 Notification had been issued – The predecessor in-title had submitted their objections u/s. 5A which were pending – They also challenged s.4 and s.6 notifications by filing writ petition before the High Court – Single Judge dismissed writ petition – LPA is pending in High Court – Thereafter, respondent nos.1 to 3 filed instant writ petition – Single Judge dismissed writ petition on the ground of limitation – Division Bench by impugned order allowed the appeal and held that respondent nos. 1 to 3 were entitled to same relief which was granted to their predecessor-in-title – On appeal, held: High Court did not at all note and/or consider that with respect to the very acquisition and the notifications u/ss. 4 and 6, writ appeal filed by predecessor-in-title of respondent Nos. 1 to 3 was pending before High Court – Without noticing the same, the High Court allowed the appeal and set aside the order passed by the Single Judge – Once the very acquisition and the notifications u/ss. 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders, High Court, instead of deciding the appeal separately ought to have ensured that all the appeals with respect to the same acquisition, where the notifications were challenged, are heard together – That was not done in the instant case – Therefore, matter remitted to the Division Bench of the High Court to decide the writ appeal of respondent nos.1 to 3 and also writ appeal filed by their predecessor-in-title. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 172 |
Petitioner | M.p. Housing Board & Anr. |
Respondent | Satish Kumar Batra And Ors |
SCR | [2022] 1 S.C.R. 545 |
Judgement Date | 2022-02-10 |
Case Number | 1116 |
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