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october 1991

Supreme Court of India · 1991-10-31

NUTAKKI SESHARATNAM vs SUB COLLECTOR .

Citation / case number
SC 1986/67524
Court
Supreme Court of India
Petitioner
NUTAKKI SESHARATNAM
Respondent
SUB COLLECTOR .
Bench
KANIA, M.H.

Judgment text excerpt

The Supreme Court held that the failure to publish the substance of the Notification under Section 4(1) of the Land Acquisition Act, 1894 within 40 days renders the acquisition invalid. The Court clarified that the appellant's consent to the acquisition, contingent upon receiving lump-sum compensation, constituted an offer under the Contract Act, which could be withdrawn before acceptance. Consequently, the Court allowed the appeal, overturning the High Court's dismissal of the appellant's petition and declaring the acquisition proceedings bad in law due to non-compliance with mandatory publication requirements.

NUTAKKI SESHARATNAM vs SUB COLLECTOR . · Niyam