SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(Bom) 1473

R.M.S.KHANDEPARKAR, V.M.KANADE
ATMARAM SITARAM MAN – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

R. M. S. KHANDEPARKAR, J.

( 1 ) SINCE common questions of law and facts arise in all these petitions, they were heard together and are being disposed of by this common judgment.

( 2 ) IN all these petitions, the petitioners challenge the land acquisition proceedings on two grounds. Firstly that the petitioners were not given personal hearing in the course of the inquiry under section 5a of the Land Acquisition act, 1894, hereinafter called as "the said Act", in spite of the written objections by the petitioners consequent to the publication of notification and service of the copy of the notice under section 4 of the said Act, and secondly that considering the fact that the notification under section 11 of the Maharashtra Resettlement of project Displaced Persons Act, 1976, hereinafter called as "the Resettlement act," was published much prior to the enforcement of Maharashtra Project affected Persons Rehabilitation Act, 1986, hereinafter called as "the rehabilitation Act, and the ceiling limit which was available under the Schedule a, Part II of the Resettlement Act was 8 acres and therefore, there was no occasion for the authorities to acquire the land of the petitioners a








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top