Supreme Court of India · 2012-04-17
KULSUM R. NADIADWALA vs STATE OF MAHARASHTRA
- Citation / case number
- SC 1998/20569
- Court
- Supreme Court of India
- Petitioner
- KULSUM R. NADIADWALA
- Respondent
- STATE OF MAHARASHTRA
- Author
- ANIL R. DAVE H.L. DATTU
- Bench
- ANIL R. DAVE H.L. DATTU
Judgment text excerpt
The Supreme Court held that the State of Maharashtra failed to comply with the mandatory requirements of Section 4(1) of the Land Acquisition Act, 1894, by not publishing the notification in a public place and not issuing individual notices to the appellants, who were the recorded owners of the property. The Court emphasized that the prior quashing of a Section 6 notification in Writ Petition No.149/1979, which had attained finality, barred the State from proceeding with the acquisition. Consequently, the Court set aside the High Court's dismissal of the writ petition and ruled in favor of the appellants, affirming their rights over the land.