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december 2011

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.

M/S Kamal Trading P.Ltd vs State Of West Bengal & Ors · Niyam