Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
You have successfully created your account,
now you can explore our platform with Lifetime Free Plan
Land Acquisition Act, Section 4, Section 9(3), public notice, individual notice, Bombay Rules, land acquisition, State of Gujarat, Supreme Court of India
0
19 Dec, 1985
Listen in 01:23 mins | Read in 12:00 mins
EN
HI
State of Gujarat Vs. Panch of Nani Hamam'S Pole & Ors,
As per case facts, acquisition proceedings were initiated under the Land Acquisition Act, 1894, for lands possessed by respondents, who were tenants and had built structures. Respondents filed a civil
...suit challenging the acquisition and award, contending that no individual notice was served to them under Sections 4 and 9(3) of the Act, and they were unaware of the proceedings, thus vitiating the entire process. The State argued that notifications were duly published in the Gazette, pasted on site, and served on known interested parties. The Trial Court and First Appellate Court dismissed the suit, noting the respondents' actual knowledge. However, the High Court set aside the acquisition, ruling that individual notice under Section 4 read with Rule 1 of the Bombay Rules was obligatory. The State appealed to the Supreme Court.The question arose whether Rule 1 of the Bombay Rules, read with Section 4(1) of the Land Acquisition Act, mandates individual personal notice to all interested parties for acquisition proceedings to be valid, or if public notice at a convenient locality is sufficient.Finally, the Supreme Court held that Rule 1, when read with Section 4(1), does not require personal individual notice to every interested person. Section 4(1) contemplates a public notice published in the Official Gazette and further public notice of its substance at convenient places in the locality. Since this procedure was followed, the acquisition proceedings were not vitiated due to the absence of individual notices. The Court overruled the High Court's prior decision in Ashokkumar Gordhanbhai v. State of Gujarat & Ors. and affirmed its own previous rulings which held that individual notice is not a prerequisite.
Bench
Applied Acts & Sections
No Acts & Articles mentioned in this case
Source & Integrity Notice
This is a faithful reproduction of the official record from the e-Courts Services portal, extracted for research.
To ensure "Contextual Integrity," all AI insights must be cross-referenced with the official PDF,
which remains the sole authoritative version for judicial purposes.
This platform provides research aids, not legal advice; verify all content against the official Court Registry before legal use.
Legal Notes
Add a Note....