Case Note & Summary
The petitioner, Shaikh Gaffar Shaikh Sattar, filed a writ petition challenging land acquisition proceedings initiated by the State of Maharashtra through the Collector, Yeotmal, and the Special Land Acquisition Officer. The petitioner owned land in Wadki, Ralegaon, Yeotmal. The acquisition was for a public purpose. The petitioner contended that the Land Acquisition Officer failed to give him notice of hearing as required under Section 5-A of the Land Acquisition Act, 1894, and without affording him an opportunity to be heard, the Additional Commissioner, Amravati Division, issued a declaration under Section 6 of the Act. The court heard the petition with consent of both parties. The court found that the mandatory requirement of Section 5-A was not complied with, as no notice of hearing was given to the petitioner. Consequently, the court set aside the Section 6 declaration and remitted the matter back to the Land Acquisition Officer for a fresh decision in accordance with Section 5-A. The petition was disposed of, and rule was made absolute.
Headnote
A) Land Acquisition - Section 5-A Hearing - Mandatory Requirement - Failure to give notice of hearing under Section 5-A of the Land Acquisition Act, 1894 before issuing declaration under Section 6 - The petitioner challenged the acquisition on the ground that no notice of hearing was given - The court held that the declaration under Section 6 was invalid and set it aside, remitting the matter for fresh hearing in accordance with Section 5-A (Paras 2-3).
Issue of Consideration
Whether the land acquisition proceedings are vitiated due to non-compliance with Section 5-A of the Land Acquisition Act, 1894, which mandates a hearing before the declaration under Section 6.
Final Decision
The court set aside the declaration under Section 6 of the Land Acquisition Act, 1894 and remitted the matter back to the Land Acquisition Officer for decision in accordance with Section 5-A. The petition was disposed of, and rule was made absolute.
Law Points
- Right to hearing under Section 5-A of Land Acquisition Act
- 1894 is mandatory
- Violation of natural justice vitiates acquisition proceedings
- Remand for fresh hearing
Case Details
2005 LawText (BOM) (12) 94
Mr. Anand Parchure for Petitioner, Mrs. Dangre A.G.P. for Respondent Nos. 1 and 2
Shaikh Gaffar Shaikh Sattar
State of Maharashtra, The Special Land Acquisition Officer and Sub-Divisional Officer, Kelapur, Shri Narendra s/o. Purushottam Ingole
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Nature of Litigation
Writ petition challenging land acquisition proceedings
Remedy Sought
Petitioner sought to quash the declaration under Section 6 of the Land Acquisition Act, 1894 for non-compliance with Section 5-A hearing requirement
Filing Reason
Petitioner was not given notice of hearing under Section 5-A before declaration under Section 6 was issued
Issues
Whether the land acquisition proceedings are vitiated due to non-compliance with Section 5-A of the Land Acquisition Act, 1894
Submissions/Arguments
Petitioner argued that no notice of hearing under Section 5-A was given and he was not heard before declaration under Section 6
Respondents did not contest the petition; matter heard by consent
Ratio Decidendi
The requirement of hearing under Section 5-A of the Land Acquisition Act, 1894 is mandatory. Failure to give notice of hearing and opportunity to be heard before issuing declaration under Section 6 vitiates the acquisition proceedings. The proper remedy is to set aside the declaration and remand for fresh hearing.
Judgment Excerpts
The petitioner has challenged the Land Acquisition Proceedings on the ground that no notice of hearing as contemplated by Section 5 (a) of the Land Acquisition Act has been given to him by the Land Acquisition Officer and without he being heard, the declaration under Section 6 has been issued by the Additional Commissioner, Amravati Division, Amravati.
In the above circumstances, we set aside the declaration under Section 6 of the Land Acquisition Act and remit the matter back to the Land Acquisition Officer for decision in accordance with Section 5 (a) of the Land Acquisition Act.
Procedural History
The petitioner filed a writ petition in the Bombay High Court, Nagpur Bench, challenging land acquisition proceedings. The court heard the petition with consent of both parties and disposed of it on the same day.
Acts & Sections
- Land Acquisition Act, 1894: Section 5-A, Section 6
