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november 2010

Supreme Court of India · 2010-11-18

Special Deputy Collector vs J. Sivaprakasam & Ors

Citation / case number
AIR 2011 SUPREME COURT 922
Court
Supreme Court of India
Petitioner
Special Deputy Collector
Respondent
J. Sivaprakasam & Ors
Author
R.V.Raveendran
Bench
H L Gokhale, R V Raveendran

Judgment text excerpt

The Supreme Court held that the acquisition of land under the Land Acquisition Act, 1894, was invalid due to non-compliance with statutory requirements, specifically Section 4(1) which mandates proper notification to affected parties. The Court emphasized that the preliminary notification was published in newspapers with no local circulation, violating the rights of the legal heirs of the deceased owner, V.T. Jayaraman, who were not given an opportunity to participate in the inquiry under Section 5A. The Court upheld the Madras High Court's decision to quash the notifications, reinforcing the necessity of adherence to procedural safeguards in land acquisition.

Special Deputy Collector vs J. Sivaprakasam & Ors · Niyam