Supreme Court of India
M/s. Kamal Trading Private Limited (now Known as Manav Investment & Trading Co. Ltd.) v. State of West Bengal & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the High Court wrongly rejected the prayer made by the appellant that the notification under Section 4 and declaration under Section 6 of the LA Act be quashed and set aside.
Judgment, page 17
From the headnote
Land Acquisition Act, 1894 - ss. 5A, 4 and 6 - Acquisition of premises for public purpose - Notification and declaration ulss. 4 and 6 - Challenge to - Writ petition seeking quashing of the Notification - On the ground that report by the Second Land Acquisition Officer was vitiated due to non-compliance of s. 5A(2) and non-application of mind by the concerned officer to the objections u/s. 5A(1) - Dismissed by the High Court - On appeal, held: Owners were not given any hearing as contemplated under s. 5A(2) which was their substantive right- Report submitted by the Second Land Acquisition
Authorities it was built on
- 2005 Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai and Ors.
- 2002 Padmasundara Rao (dead) and Ors. v. State of T.N. and Ors.
- 1979 State of Punjab v. Gurdial Singh & Ors.
- 1972 Munshi Singh & Others Etc. Etc. v. Union of India Etc. Etc.
- 2010 M/s. Jayabheri Properties Pvt. Ltd. and Ors. v. State of Andhra Pradesh and Ors.
Where later benches applied it
- 2024 Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors
- 2013 Gojer Brothers Private Limited v. The State of West Bengal and Others
Of those, 2 referred to
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