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november 2008

Supreme Court of India · 2008-11-07

Essco Fabs Pvt. Ltd. & Anr vs State Of Haryana & Anr

Citation / case number
AIR 2009 SUPREME COURT 1552
Court
Supreme Court of India
Petitioner
Essco Fabs Pvt. Ltd. & Anr
Respondent
State Of Haryana & Anr
Author
C.K. Thakker
Bench
D.K. Jain, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the notifications issued under Section 4 and Section 6 of the Land Acquisition Act, 1894 were invalid due to non-compliance with the statutory requirements, particularly the failure to publish the preliminary notification as mandated. The Court emphasized that the right to property is protected under Article 300A of the Constitution, which requires adherence to due process in acquisition proceedings. Consequently, the Court quashed the acquisition notifications, affirming the appellant's right to possess and enjoy the property.

Essco Fabs Pvt. Ltd. & Anr vs State Of Haryana & Anr · Niyam