STATE OF GUJARAT versus PANCH OF NANI HAMAMS POLE & ORS,

STATE OF GUJARAT versus PANCH OF NANI HAMAMS POLE & ORS,

Section 4(1) requires only public notice at convenient places in the locality and Gazette publication, not individual notice to each interested person. Rule 1 of the Gujarat rules does not create a requirement for individual personal notice. Absence of personal notice does not invalidate acquisition proceedings when the statutory procedure for notice has been followed.

Parties
Appellant: State of Gujarat; Respondents: Panch of Nani Hamam's Pole & Ors.
Jurisdiction
India
Judgment Date
19 December 1985
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Notice Requirements, Invalidity of Proceedings for Absence of Notice
Land Acquisition Notice Requirements Invalidity of Proceedings for Absence of Notice

Case Brief

Summary, issues, holding and outcome

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Parties

State of Gujarat

Appellant

Panch of Nani Hamam's Pole & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether individual notice under sections 4 and 9(3) of the Land Acquisition Act, 1894 is necessary to interested persons such as tenants.
  2. 2 Whether absence of personal notice vitiates the land acquisition proceedings.

Ratio Decidendi

Section 4(1) requires only public notice at convenient places in the locality and Gazette publication, not individual notice to each interested person. Rule 1 of the Gujarat rules does not create a requirement for individual personal notice. Absence of personal notice does not invalidate acquisition proceedings when the statutory procedure for notice has been followed.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of Gujarat High Court in Civil Second Appeal No. 45 of 1963 set aside.
  • Second Appeal dismissed.