GOJER BROTHERS PRIVATE LIMITED versus THE STATE OF WEST BENGAL AND OTHERS

GOJER BROTHERS PRIVATE LIMITED versus THE STATE OF WEST BENGAL AND OTHERS

Non-consideration of objections filed under Section 5A(1) and mechanical approval by State Government resulted in denial of effective hearing. The Division Bench and Single Judge erred by approving acquisition proceedings that failed to comply with mandatory requirements of Section 5A and substituted themselves for the Collector. Notification issued under Section 4(1) deemed to have lapsed.

Parties
Appellant: Gojer Brothers Private Limited; Respondents: State of West Bengal and Others
Jurisdiction
India
Judgment Date
28 November 2013
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Section 5 a of Land Acquisition Act, Public Purpose Acquisition, Opportunity of Hearing, Compliance With Statutory Procedure
Land Acquisition Section 5 a of Land Acquisition Act Public Purpose Acquisition Opportunity of Hearing Compliance With Statutory Procedure

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Parties

Gojer Brothers Private Limited

Appellant

State of West Bengal and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether objections filed under Section 5A(1) were duly considered by the authorities before acquisition.
  2. 2 Whether Division Bench and Single Judge of the High Court erred in approving the acquisition proceedings.

Ratio Decidendi

Non-consideration of objections filed under Section 5A(1) and mechanical approval by State Government resulted in denial of effective hearing. The Division Bench and Single Judge erred by approving acquisition proceedings that failed to comply with mandatory requirements of Section 5A and substituted themselves for the Collector. Notification issued under Section 4(1) deemed to have lapsed.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of High Court (Division Bench and Single Judge) set aside.
  • Notification under Section 4(1) deemed to have lapsed.