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

1988 Supreme(Del) 342

G.C.JAIN, S.B.WAD
B. R. GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.L.RATHI, P.N.LEKHI, R.K.Anand, S.L.VATEL, S.P.SHARMA, Subhash Mittal

( 1 ) EFFECTIVE hearing to the objectors is a madatory requirement. In the instant the report of the LAC is non speaking and the order of the Lt. Governor have been passed in branch of the mandatory requirement; of Section 6. There is non application of mind. The report of the Land Acquisition Collector under Section 5 was. received in Raj Niwas on 5-6-l985 and the order under Section 6 was passed by the Lt. Governor on the very day. namelyely, 14-6-l985. The appears to be some substance in the contention that it was humanly impossible to consider such large number of objections together with the report under Section 5a in one day. The Lt. Governor also failed to notice the infirmities in the reports under Section 5a filed by the L. A. Cs. The satisfaction expressed by the Lt. Governor in his order under Seetfon 6 is not the real satisfaction but a mere mechanical exercise. The orders passed by the Lt. Governor in regard to the said eleven villages are, therefore, not snstainable in law and are quashed.
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