(1) Effective hearing to the objectors is a mandatory requirement. In the instant the report of the Lac is non speaking and the order of the Lt. Governor have been passed in branch of the mandatory requirement; of Section 6. There is non application of mind. The report of the Land Acquisition Collector u/s 5 was. received in Raj Niwas on 5-6-l985 and the order u/s 6 was passed by the Lt. Governor on the very day nemely 14-6-l985. The appears to be some substance in the contention that it was humanly impossible to consider such large number of objections together with the report u/s 5A in one day. The Lt. Governor also failed to notice the infirmities in the reports u/s 5A filed by the L.A.Cs. The satisfaction expressed by the Lt. Governor in his order u/s 6 is not the real satisfaction but a mere mechanical exercise. The orders passed by the Lt. Governor in regard to the said eleven villages are, Therefore, not sustainable in law and are quashed.
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B.r. Gupta v. Union Of India And Others
B.r. Gupta v. Union Of India And Others
(High Court Of Delhi)
Civil Writ Petition No. 1639 of 1985 | 18-11-1983
Advocate List
For Petitioner
- P.N. Lekhi
- K.L. Rathi
- Subhash Mittal
- S.L. Watel
- R.K. Anand and S.P. Sharma
For Respondent
- ;
Bench
- HON'BLE JUSTICE S.B. WAD, J
- HON'BLE JUSTICE GIAN CHAND JAIN, J
Eq Citations
- (1988) 2 DL 366
- 37 (1989) DLT 150
- 1989 (16) DRJ 225
- (1989) RAJDHANILR 1
- LQ/DelHC/1983/381
Head Note
Land Acquisition Act, 1894 — S. 6 — Non application of mind — Validity of — Lt. Governor's order passed on the same day on which report of Lac received — Held, there is non application of mind — Order passed by Lt. Governor is not sustainable in law and is quashed
