(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.
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
