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august 1974

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.

SHRI MANDIR SITA RAMJI vs LT. GOVERNOR OF DELHI & ORS. · Niyam