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.