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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Adani Power Limited – Appellant
Versus
Panchanand Gupta S/o Late Laikhan Gupta – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. Since all the writ appeals arise out of the same impugned order dated 14.08.2025 passed in WPC No. 5918 of 2010, they were clubbed together, heard analogously, and are being disposed of by this common judgment.
2. We have heard Mr. Prafull N. Bharat, learned Senior Advocate, assisted by Mr. Kashif Shakeel, learned counsel, appearing for the appellant in WA No. 891 of 2025 and for respondent No. 5 in WA No. 948 of 2025; Mr. Praveen Das, learned Deputy Advocate General, appearing for the appellant/State in WA No. 948 of 2025 and for the respondent/State in WA Nos. 829 of 2025 and 948 of 2025; and Mr. Alok Bakshi, learned counsel, appearing for respondent No. 1 in all the appeals, on I.A. No. 2 of 2025 (in WA No. 948 of 2025) and I.A. No. 1 of 2025 (in WA No. 881 of 2025), which are applications seeking condonation of delay.
3. Upon hearing the learned counsel for the parties and upon perusal of the reasons stated in the applications for condonation of delay, we are of the considered view that sufficient cause has been shown. Accordingly, I.A. No. 2 of 2025 (in WA No. 948 of 2025) and I.A. No. 1 of 2025 (in WA No. 881 of 2025) are allowed, and the delay of
Objections confined to compensation do not trigger Section 5A protections, which are exclusive to acquisition legality; statutory remedies for compensation must be pursued separately.
The court emphasized that proper procedural safeguards, including meaningful hearings and recommendations, are essential in land acquisitions under the Land Acquisition Act, affirming that violation ....
The main legal point established in the given judgment is that the Collector failed to adhere to the mandate of Section 5A of the Land Acquisition Act, 1894, and the objections were disposed of impro....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
In terms of Section 5A, any person interested in any land notified under Section 4(1) may, within 30 days from the date ofpubiication ofthe notification, submit objection in writing against the propo....
The court established that compliance with Section 5A of the Land Acquisition Act is mandatory, but the government's final decision on land acquisition is subject to judicial review if found arbitrar....
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
The failure to pass the award within the two-year statutory period under the Land Acquisition Act renders the acquisition proceedings invalid, regardless of stays granted in other cases.
Award validity under the Land Acquisition Act hinges on strict adherence to prescribed timelines, with stays influencing but not absolving time limits for passing awards.
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