STATE OF MYSORE versus ABDUL RAZAK SAHIB

STATE OF MYSORE versus ABDUL RAZAK SAHIB

The notification under section 4 was invalid as it was not accompanied by or immediately followed by a public notice in the locality, which is a mandatory requirement under the Land Acquisition Act. Consequently, the acquisition proceedings were rightly quashed.

Parties
Appellant: State of Mysore; Respondent: Abdul Razak Sahib
Jurisdiction
India
Judgment Date
11 August 1972
Procedural Posture
Civil Appeal / Appeal From Judgment of Mysore High Court in W.p. No. 769 of 1966
Outcome
Appeal dismissed
Legal Topics
Publication of Notification, Right of Objection to Acquisition
Land Acquisition Publication of Notification Right of Objection to Acquisition

Case Brief

Summary, issues, holding and outcome

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Parties

State of Mysore

Appellant

Abdul Razak Sahib

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Mysore High Court in W.p. No. 769 of 1966

Legal Issues

  1. 1 Whether publication of notification under section 4 of the Land Acquisition Act, 1894, in the official gazette must be mandatorily accompanied by or immediately followed by public notice in the locality
  2. 2 Whether absence of locality notice invalidates the notification

Ratio Decidendi

The notification under section 4 was invalid as it was not accompanied by or immediately followed by a public notice in the locality, which is a mandatory requirement under the Land Acquisition Act. Consequently, the acquisition proceedings were rightly quashed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs