Supreme Court of India · 1974-08-06
SHRI MANDIR SITA RAMJI vs LT. GOVERNOR OF DELHI & ORS.
- Citation / case number
- SC 1972/60218
- Court
- Supreme Court of India
- Petitioner
- SHRI MANDIR SITA RAMJI
- Respondent
- LT. GOVERNOR OF DELHI & ORS.
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court held that under Section 5A of the Land Acquisition Act, 1894, the opportunity to be heard must be provided by the Collector, not the appropriate Government. The Court quashed the declaration under Section 6, emphasizing that the Collector's duty to hear objections is mandatory and cannot be bypassed. The Court found that the Divisional Bench of the High Court erred in stating that the objection was purely a question of law, asserting that it involved mixed questions of law and fact, necessitating an inquiry by the Collector.