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1983 Supreme(P&H) 329

D.S.TEWATIA, S.C.MITAL, S.S.SANDHAWALIA
State Of Punjab – Appellant
Versus
Gurdial Singh – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The significant question visualised in the order of reference to this Full Bench may be more precisely formulated in the following terms :-

"Whether a bona fide omission to serve rice envisaged by S.9 (3) of the Land Acquisition Act on anyone of the numerous persons interested in claiming compensation would vitiate the award of Collector rendered under Sec.12 and the proceedings subsequent thereto?"

2. At the very outset I would wish to record that for the detailed reasons stated hereinafter, the answer to the aforesaid question has to be rendered in the negative, because of the massive weight of precedent, the clear and the specific provisions of the Land Acquisition Act and upon larger principle.

3. It is plain that the issue aforesaid purely legal and the peculiar circumstances of this case would pale into relative insignificance. Since I propose first a focus attention primarily on the legal issue, it becomes unnecessary to advert the facts in any great detail. Suffice it to mention that in the judgment under appeal, the learned single Judge had found that the special notice under Section 9 (3) of the Act (hereinafter called Act) had been served u



































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