AIROnline 2013 SC 107 ::(2014) 1 Rec Civ R 641 ::2013 (11) SCC 235

Supreme Court Of India

Hon'ble Judge(s): H. L. Dattu, D. Misra , JJ

Land Acquisition Act (1 of 1894) , S.5A(2)— Objections to acquisition - Hearing of - S.5-A(2) envisages rule of audi alteram partem and makes it sine qua non to acquisition proceedings under Act - Mandatory for LAO to first provide an opportunity of hearing to objectors - LAO, after considering objections had sent report favorable to land owners inasmuch as recommending that lands in question need not be acquired - Thereafter, upon survey of lands, LAO changed his stance and has suggested that said lands should not be exempted from acquisition - Order so passed by LAO was adverse to interest of land owners - Opportunity of hearing not granted to land owners who have immovable property rights in lands acquired - Action of authorities is contrary to statutory provisions and also in violation of principles of natural justice - Notification issued under S.6,set aside. (Para 23 28 29 30) .....