MADAN B.LOKUR, SWATANTER KUMAR
CHATRO DEVI – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) I have had the benefit of going through the draft judgement prepared by my learned brother and am in respectful agreement with him on all issues, except one.
( 2 ) THE divergence of views is in respect of the question whether the inquiry conducted under Section 5-A of the Land Acquisition Act, 1984 (the Act) in respect of villages Chattarpur, Khanpur, Satbari, Tughlakabad, Deoli and Khirkee was in accordance with the principles of natural justice. A Division Bench of this Court in balak Ram vs. Union of India, 37 (1989) DLT 150 (hereinafter referred to as Balak ram-III) held that the inquiry conducted under Section 5-A of the Act in respect of these villages (and also village Tigri) was vitiated. I am of opinion that this view still holds the field. Since there is no case before us in respect of village Tigri, I am not making any comment about the inquiry held in respect of this village.
( 3 ) WITH respect to villages Shayoorpur, Khirkee, Maidan Garhi and Rajpur khurd, I agree with my learned brother, though for different reasons, that the inquiry under Section 5-A of the Act was valid.
( 4 ) AS regards the cases pertaining to village Neb Sarai, I agree wit
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