Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Premier Leather Corporation – Appellant
Versus
State of Tamill Nadu – Respondent
ORDER :
This writ petition has been filed challenging the Notification in proceedings in R.C.No.3989/2023/B1 dated 22.1.2024 on the file of the third respondent - District Collector culminating in proceedings bearing reference No.Rc.3989/2023/B1,No.VI(1)/459/2024 dated 17.6.2024 issued by the third respondent.
2. Heard the learned Senior Counsel appearing on behalf of the petitioners and the learned Advocate General appearing on behalf of respondents, assisted by both the learned Special Government Pleader appearing for respondents 1 to 3 as well as the Standing Counsel appearing for the fourth respondent.
3. The facts leading to filing of this case are as follows :
(i) The petitioners are the owners of the properties in S.Nos. 157B/1A and 158A/1A1, Kilambakkam Village, Vandalur Taluk, Chengelpet District. An extent of 5 cents in S.No.158/A was acquired for expansion of Grand Southern Trunk Road. After subdividing the acquired land, the remaining extent was assigned S.Nos.157B/1A and 158A/1A1.
(ii) The third respondent issued a Notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short,
The publication of land acquisition notifications must comply with statutory requirements, including publication in the appropriate official gazette, and the same authority cannot hear objections and....
Acquisition of land – Hearing of objections – SDO has been conferred powers to act only as Land Acquisition Officer under land acquisition notification – Hearing of objections is a sacrosanct act tre....
The court established that proper authority and adherence to statutory procedures are essential in land acquisition processes to ensure fairness and legality.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
The court affirmed that the SDOs had the authority to decide objections in land acquisition under the Act, and the process followed was in compliance with statutory requirements.
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
