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.