1988 Supreme(Del) 307

High Court Of Delhi
B.R.GUPTA - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1639 of 1985
Decided On : 10/14/1988

Non-filing of counter affidavits can lead to quashing of orders and notifications under the Land Acquisition Act.

Headnote:

Land Acquisition Act - Quashing of orders and notifications

Fact of the Case:

The court quashed the orders of Land Acquisition Collectors under Section 5-A and the notifications issued by the Lt. Governor under Section 6 of the Land Acquisition Act, along with further acquisition proceedings in the writ petitions.

Finding of the Court:

The court found in favor of the petitioners, quashing the orders and notifications, and imposing costs on the respondents.

Issues: The issues involved the validity of the orders and notifications under the Land Acquisition Act.

Ratio Decidendi: The court held that the orders and notifications were quashed due to non-filing of counter affidavits by the respondents and the completion of two sets of petitions with counter affidavits.

Final Decision: The court quashed the orders and notifications, and made the rule absolute, imposing costs on the respondents.