Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | ‘Land acquisition without public notice illegal’

‘Land acquisition without public notice illegal’

Share this article Share this article
published Published on Jun 30, 2012   modified Modified on Jun 30, 2012
-PTI

Land acquisition proceedings will become illegal if the Government fails to observe the mandatory requirement of issuing public notices to the affected parties, the Supreme Court has held, quashing the Maharashtra Government’s acquisition of a piece of land for a defence unit.

A Bench of Justices H. L. Dattu and A. R. Dave said that besides notifying the acquisition in the official Gazette, the authorities were bound to notify the affected persons through at least two newspapers in the local region.

Mandatory requirement

“Since the mandatory requirement as required under Section 4(1) of the Act is not complied with by the respondents, while acquiring the land in question, in our opinion, the entire acquisition proceedings requires to be declared as null and void.

“We restrict the claim of the appellants only to 50 per cent of the land in question, namely, land in Survey No.119/3 Pt situated at Village Malad, Taluka, Borivali, District Bombay Suburban,” the Bench said in an order.

Petitioner Kulsum Nadiadwala and other legal heirs of one Ismail Nadiadwala had filed the appeal in the Supreme Court challenging a Bombay High Court order refusing to quash the acquisition.

On October 24, 1975, the State Government had issued a notification under Section 4 of the Land Acquisition Act, 1894, to acquire certain pieces of land situated in different villages for the purpose of establishing Central Ordinance Depot.

According to the appellants, they were the legal heirs of deceased Ismail Nadiadwala and the land was jointly owned by him with Ibrahim Nadiadwala.

But the authorities issued no notice to them and, after hearing only Ibrahim Nadiadwala, an award came to be passed by the State government on September 23, 1986.

The apex court agreed with the legal heirs’ contention that the authorities ought to have issued public notice at the time of the acquisition.

The Bench cited the apex court’s earlier ruling in the J&K Housing Board v. Kunwar Sanjay Krishan Kaul (2011), wherein, it was observed that all the formalities of serving notice to the interested person, stipulated under Section 4 of the Act, has to be mandatorily complied with in the manner provided therein, even though the interested persons have knowledge of the acquisition proceedings.

The Hindu, 30 June, 2012, http://www.thehindu.com/todays-paper/tp-national/article3587069.ece


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close