Supreme Court of India · 2011-12-13
M/S Kamal Trading P.Ltd vs State Of West Bengal & Ors
- Citation / case number
- AIR 2012 SUPREME COURT 823
- Court
- Supreme Court of India
- Petitioner
- M/S Kamal Trading P.Ltd
- Respondent
- State Of West Bengal & Ors
- Bench
- Ranjana Prakash Desai, G.S. Singhvi
Judgment text excerpt
The Supreme Court held that the provisions of Section 5A of the Land Acquisition Act, 1894, mandate a fair hearing for affected parties before the acquisition process can proceed. The Court found that the State Government's failure to adequately consider the objections raised by the appellants constituted a violation of their rights under the Act. Consequently, the Court quashed the notifications issued under Sections 4 and 6 of the LA Act, ruling in favor of the appellants and directing the State to comply with the procedural requirements of the Act.