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january 1975

Supreme Court of India · 1975-01-21

STATE OF GUJARAT & ANR. vs PATEL CHATURBHAI NARSIBHAI & ORS.

Citation / case number
SC 1971/60191
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT & ANR.
Respondent
PATEL CHATURBHAI NARSIBHAI & ORS.
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court held that under the Land Acquisition Act, specifically Sections 39, 40, and 41, the landowner is entitled to be heard during the enquiry conducted under Rule 4 of the Land Acquisition (Companies) Rules, 1963. The Court clarified that the enquiry is not merely administrative but involves the rights of landowners, and the satisfaction of the government under Section 4 must consider the interests of the landowners. The appeal by the State was dismissed, affirming the High Court's decision that the notifications under Sections 4 and 6 were invalid due to the lack of proper enquiry involving the landowners.

STATE OF GUJARAT & ANR. vs PATEL CHATURBHAI NARSIBHAI & ORS. · Niyam