Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Advocates Appeared:
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.

( 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.
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1988 Supreme(Del) 342

High Court Of DelhiB.R.GUPTA - AppellantVersusUNION OF INDIA - RespondentCivil Writ 1639 of 1985Decided On : 11/18/1988

Effective hearing to the objectors is a mandatory requirement under Section 6 of the law.

High Court Of Delhi
B.R.GUPTA - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1639 of 1985
Decided On : 11/18/1988