Case Note & Summary
The petitioners, whose lands were acquired for irrigation purposes, filed an application under Section 28-A of the Land Acquisition Act, 1894 seeking redetermination of compensation. The Deputy Collector (Land Acquisition Officer) rejected the application without issuing any notice or granting an opportunity of hearing to the petitioners. Aggrieved, the petitioners filed a writ petition before the Bombay High Court at Nagpur. The sole ground raised was the violation of natural justice. The High Court, after perusing the impugned order, found that indeed no notice was issued and no hearing was granted. The court held that such an order is unsustainable in law and must be set aside. Consequently, the High Court quashed the impugned order and directed the respondent authorities to decide the application afresh after giving the petitioners a reasonable opportunity of hearing. The court also directed that the application be decided within three months from the date of the order. The petition was allowed in those terms.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28-A Land Acquisition Act, 1894 - Natural Justice - The petitioners' application under Section 28-A for redetermination of compensation was rejected without any notice or hearing. The High Court held that such rejection violates principles of natural justice and set aside the order, remanding the matter for fresh consideration after affording an opportunity of hearing. (Paras 3-5)
Issue of Consideration
Whether the rejection of an application under Section 28-A of the Land Acquisition Act, 1894 without issuing notice and granting an opportunity of hearing to the applicants is sustainable in law.
Final Decision
The impugned order is quashed and set aside. The matter is remanded to the respondent authorities to decide the application under Section 28-A afresh after giving the petitioners a reasonable opportunity of hearing. The application shall be decided within three months from the date of the order. Rule is made absolute accordingly.
Law Points
- Natural justice
- Right to be heard
- Section 28-A Land Acquisition Act 1894
- Quashing of order without notice
