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1988 Supreme(Del) 342
High Court Of Delhi
B.R.GUPTA - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1639 of 1985
Decided On : 11/18/1988
K.L.RATHI, P.N.LEKHI, R.K.Anand, S.L.VATEL, S.P.SHARMA, Subhash Mittal
Effective hearing to the objectors is a mandatory requirement under Section 6 of the law.
Headnote:
Mandatory Requirement - Land Acquisition - The court found that effective hearing to the objectors is a mandatory requirement under Section 6 of the law. The report of the Land Acquisition Collector was non-speaking and the order of the Lt. Governor was passed without proper application of mind. The court concluded that the orders passed by the Lt. Governor were not sustainable in law and were quashed.
Fact of the Case:
The report of the Land Acquisition Collector was non-speaking and the order of the Lt. Governor was passed without proper application of mind.
Finding of the Court:
The court found that the orders passed by the Lt. Governor were not sustainable in law and were quashed.
Issues: Non-speaking report of the Land Acquisition Collector, lack of proper application of mind by the Lt. Governor, mandatory requirement of effective hearing to the objectors under Section 6.
Ratio Decidendi: Effective hearing to the objectors is a mandatory requirement under Section 6 of the law. The orders passed by the Lt. Governor were not sustainable in law due to non-compliance with this requirement.
Final Decision: The orders passed by the Lt. Governor were quashed.
