NARENDRAJIT SINGH AND ANR. versus STATE OF U.P. & ANR.

NARENDRAJIT SINGH AND ANR. versus STATE OF U.P. & ANR.

A notification under s. 4(1) of the Land Acquisition Act, 1894 that does not specify the locality where the land is needed is invalid, and a defect therein cannot be cured by particulars supplied in a subsequent s. 6(1) notification. Compliance with s. 4(1) is a condition precedent to further proceedings under the Act.

Parties
Appellant: Narendrajit Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
21 November 1969
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Validity of Notification, Procedural Compliance Under Land Acquisition Act, Urgency Provisions Under S. 17
Land Acquisition Validity of Notification Procedural Compliance Under Land Acquisition Act Urgency Provisions Under S. 17

Case Brief

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Parties

Narendrajit Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the notification under s. 4(1) of the Land Acquisition Act, 1894, which did not specify the locality where land is needed, is valid
  2. 2 Whether a defect in the s. 4(1) notification can be cured by a subsequent notification under s. 6(1)

Ratio Decidendi

A notification under s. 4(1) of the Land Acquisition Act, 1894 that does not specify the locality where the land is needed is invalid, and a defect therein cannot be cured by particulars supplied in a subsequent s. 6(1) notification. Compliance with s. 4(1) is a condition precedent to further proceedings under the Act.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Allahabad High Court set aside
  • No order as to costs