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april 2012

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.

KULSUM R. NADIADWALA vs STATE OF MAHARASHTRA · Niyam