RAMBHAI LAKHANBAI BHAKT versus STATE OF GUJARAT AND ORS.

RAMBHAI LAKHANBAI BHAKT versus STATE OF GUJARAT AND ORS.

Where notice under Section 5A(2) gives the objector the option to appear personally or through representative and the objector chooses only to send objections by post and does not appear, the Collector is not required to give a further hearing or issue subsequent notice. Publication of the declaration under Section 6 within one year from the last date of local publication under Section 4(1) meets the requirements of the Act.

Parties
Petitioner: Rambhai Lakhanbhai Bhakt; Respondents: State of Gujarat and Ors.
Jurisdiction
India
Judgment Date
10 April 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court, Petition for Leave to Appeal From High Court Dismissal
Outcome
Petition dismissed.
Legal Topics
Opportunity of Hearing Under Section 5 A(2), Personal Hearing in Land Acquisition Proceedings, Limitation for Declaration Under Section 6
Land Acquisition Opportunity of Hearing Under Section 5 A(2) Personal Hearing in Land Acquisition Proceedings Limitation for Declaration Under Section 6

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Rambhai Lakhanbhai Bhakt

Petitioner

State of Gujarat and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court, Petition for Leave to Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether failure to give personal hearing after objections by post under Section 5A(2) vitiates the land acquisition process
  2. 2 Whether the Section 6 declaration was published within prescribed limitation

Ratio Decidendi

Where notice under Section 5A(2) gives the objector the option to appear personally or through representative and the objector chooses only to send objections by post and does not appear, the Collector is not required to give a further hearing or issue subsequent notice. Publication of the declaration under Section 6 within one year from the last date of local publication under Section 4(1) meets the requirements of the Act.

Court Disposition

Petition dismissed.

Orders

  • Special Leave Petition dismissed.