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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Suresh Kumar S/o Shri Sahab Ram – Appellant
Versus
Union of India through Defense Estates Officer (DEO) – Respondent
| Table of Content |
|---|
| 1. claims for land acquisition relief (Para 1 , 2) |
| 2. procedural safeguards for farmers considered violated (Para 3) |
| 3. argument for dismissal based on merits and national importance (Para 4 , 5) |
| 4. court analyzes public hearing process compliance (Para 6 , 7 , 8) |
| 5. review of the necessity of a preliminary survey (Para 9 , 10) |
| 6. the legality of the award process established (Para 12 , 13) |
| 7. court's limited intervention in land acquisition legality (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 8. recognition of national security in land acquisition (Para 20 , 21 , 22 , 23 , 24) |
| 9. finality of proceedings and dismissal of the writ (Para 25 , 26) |
JUDGMENT :
Nupur Bhati, J.
1. The instant writ petition has been filed under Article 226 of the Constitution claiming following relief(s):-
“A. the preliminary Notification dt 14.11.2023(Annex. 1), the decision of the objections required to be heard under Section 15 of the Act of 2013, the obligation of declaration dt 12.11.2024(Annex. 7) pursuant to section 19 (1) of the Act of 2013. the notice dt 11.08.2024, the award dt 25.07.2025 and the entire land acquisition proceedings may kindly be quashed and set aside.
B. the Respondents-Authorities m
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
The court emphasized that challenging the acquisition proceeding through a writ petition, even with a delay of few months, is fatal and cannot be entertained. The court also highlighted the principle....
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.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
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