JUDGMENT

Ravi Shanker Jha, C. J. (Oral) - The genesis of the instant case lies in the era of Land Acquisition Act, 1894 (hereinafter to be referred as 1894 Act) which is commonly known as 'era of compulsory acquisition' whose basic foundation was 'public interest' which was given supremacy over 'private interest'. It is well known facet of law that whensoever conflict arises between public interest and private interest, the private interest has to make way for the public interest, and that is how the 1894 Act contributed to the development of this country. The 1894 Act was in itself a complete code and had prescribed the procedure so as to raise grievance against the action of the State Government to acquire someone's land, and whensoever Courts found any deviation by the State or its authorities from settled procedure the interference has been made so as to come to the rescue of such land owners.

Applying the said settled principles to the factual matrix of the present case, the question which arises for consideration is as to whether a land owner who remained silent and is now approaching the Court on the basis of the provision of Section 24(2) of The Right to Fair Compensation and