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august 2007

Supreme Court of India · 2007-08-27

M/S. Girnar Traders vs State Of Maharashtra & Ors

Citation / case number
AIR 2007 SUPREME COURT 3180
Court
Supreme Court of India
Petitioner
M/S. Girnar Traders
Respondent
State Of Maharashtra & Ors
Author
P.P. Naolekar
Bench
B.N. Agrawal, P.K. Balasubramanyan, P.P. Naolekar

Judgment text excerpt

The Supreme Court held that Section 11A of the Land Acquisition Act, 1894, is not merely procedural but substantive, as it defines the rights of landowners regarding the timely completion of acquisition proceedings. The Court disagreed with the view that Section 11A is merely procedural, emphasizing that failure to make an award within the stipulated time results in the lapsing of acquisition proceedings, thereby allowing the landowner to retain ownership. The matter was referred to a larger bench for further consideration on the interpretation and applicability of Section 11A in relation to the Maharashtra Regional and Town Planning Act, 1966.

M/S. Girnar Traders vs State Of Maharashtra & Ors · Niyam