1997 Supreme(SC) 1049

SUPREME COURT OF INDIA
A S Anand, K Venkataswami
MAHADEO, APPELLANT;
VERSUS
SUB DIVISIONAL OFFICER AND OTHERS, RESPONDENTS.
Civil Appeal No. 3054 of 1980, decided on July 31, 1997.

The notification under Section 4 of the Land Acquisition Act is not rendered ineffective if an individual notice contemplated by Section 4(1) of the Act read with the Rules is not served upon a person interested.

Headnote:

Land Acquisition Act - Notification under Section 4 - Effectiveness of individual notice - The court held that the notification under Section 4 of the Land Acquisition Act is not rendered ineffective if an individual notice contemplated by Section 4(1) of the Act read with the Rules is not served upon a person interested.

Fact of the Case:

The only question raised in the appeal was whether the notification under Section 4 of the Land Acquisition Act is rendered ineffective if an individual notice contemplated by Section 4(1) of the Act read with the Rules is not served upon a person interested.

Finding of the Court:

The court referred to previous cases and concluded that no such notice was necessary to be given, and therefore, the grievance of the appellant does not survive for any further consideration. The appeal was dismissed without any order as to costs.

Issues: The main issue was the effectiveness of the notification under Section 4 of the Land Acquisition Act in the absence of serving an individual notice as contemplated by Section 4(1) of the Act read with the Rules.

Ratio Decidendi: The court relied on previous cases and held that no special notice was necessary to be given, thus rendering the grievance of the appellant irrelevant.

Final Decision: The appeal failed and was dismissed without any order as to costs.