NATIONAL COAL DEVELOPMENT CORPORATION versus MANMOHAN MATHUR

NATIONAL COAL DEVELOPMENT CORPORATION versus MANMOHAN MATHUR

Since Parliament validly amended the law to retrospectively deem notification under section 7 of the Act to have been issued if no objection was filed under section 5A of the Land Acquisition Act, and validated earlier acquisitions, the acquisition in the present case cannot be set aside for lack of a section 7 notification.

Parties
Appellant: National Coal Development Corporation; Respondent: Manmohan Mathur
Jurisdiction
India
Judgment Date
15 January 1970
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of Madhya Pradesh High Court in Misc. Petition No. 66 of 1965
Outcome
Appeal allowed
Legal Topics
Retrospective Legislation, Land Acquisition, Coal Bearing Areas (acquisition and Development) Act, Validation of Acquisition
Constitutional Law Property Law Administrative Law Retrospective Legislation Land Acquisition Coal Bearing Areas (acquisition and Development) Act Validation of Acquisition

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Parties

National Coal Development Corporation

Appellant

Manmohan Mathur

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of Madhya Pradesh High Court in Misc. Petition No. 66 of 1965

Legal Issues

  1. 1 Whether the absence of a notification under section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 rendered subsequent acquisition invalid in view of retrospective legislative amendments.

Ratio Decidendi

Since Parliament validly amended the law to retrospectively deem notification under section 7 of the Act to have been issued if no objection was filed under section 5A of the Land Acquisition Act, and validated earlier acquisitions, the acquisition in the present case cannot be set aside for lack of a section 7 notification.

Court Disposition

Appeal allowed

Orders

  • No order as to costs.