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february 2005

Supreme Court of India · 2005-02-22

SWASTHYA RAKSHA SAMITI RATI CHOWK vs CHAUDHARY RAM HARAKH CHAND (D)BY LRS&ORS

Citation / case number
SC 1996/12363
Court
Supreme Court of India
Petitioner
SWASTHYA RAKSHA SAMITI RATI CHOWK
Respondent
CHAUDHARY RAM HARAKH CHAND (D)BY LRS&ORS
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE, B.N.SRIKRISHNA & P.K.BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court addressed the nature of enquiry under Rule 4(2)(iii) of the Land Acquisition (Company) Rules, 1963, determining that while the enquiry is mandatory, notice to landowners is not required as they can raise objections during the Section 5A enquiry. The Court referred to the earlier judgment in Babu Barkya Thakur vs. The State of Bombay, which supports this view, indicating that objections can be raised in the Section 5A enquiry. Consequently, the matter was referred to a larger bench for further consideration.

SWASTHYA RAKSHA SAMITI RATI CHOWK vs CHAUDHARY RAM HARAKH CHAND (D)BY LRS&ORS · Niyam