When Police Search Both The Bag And The Body, Section 50 NDPS Cannot Be Bypassed: Supreme Court Settles The Boundaries Of A Critical Safeguard Police Cannot Offer A Third Option During NDPS Search: Supreme Court Upholds Acquittal In 11 Kg Charas Case, Holds Section 50 Violation Vitiates Entire Trial Supreme Court Holds Employer Group Insurance Has No Connection With Accidental Death, Cannot Be Set Off Against Motor Accident Compensation Graduating Shouldn't Be A Punishment: Supreme Court Restores Rights Of Anganwadi Workers Denied Supervisor Posts For Being Over-Qualified Trustee Who Diverts Sale Proceeds of Charitable Trust Is an 'Agent' Under Section 409 IPC, Not Exempt From Criminal Breach of Trust: Bombay High Court AFGIS Is 'State' Under Article 12: Supreme Court Reverses Delhi High Court, Restores Writ Petitions of Air Force Insurance Society Employees Delhi High Court Issues Landmark Directions Against Repeated Summoning of Child Victims, Insistence on Presence During Bail Hearings In POCSO 'Accidental Injury' in Hospital Records, All Eye-Witnesses Hostile: Gujarat High Court Acquits Men Convicted for Culpable Homicide After 35 Years Medical Condition Alone Cannot Dilute the Statutory Embargo Under Section 37 NDPS Act: Himachal Pradesh High Court Pre-emption Cannot Wait for Registration When Possession Has Already Changed Hands: Punjab & Haryana High Court Strikes Down Time-Barred Claim Listing a Case for Evidence Is Not Commencement of Trial: Madhya Pradesh High Court Allows Amendment of Plaint in Insurance Dispute Forgery Accused Cannot Be Declared 'Proclaimed Offender': Punjab and Haryana High Court Draws Critical Distinction Between 'Proclaimed Person' and 'Proclaimed Offender' A Two-Line Ex Parte Judgment Is No Judgment In The Eye Of Law: Madras High Court Declares Decree Inexecutable What Was Not Claimed Then Cannot Be Claimed Now: Calcutta High Court Applies Constructive Res Judicata to Bar Second Partition Suit Unregistered Family Settlement Creates No Rights in Immovable Property: Delhi High Court Rejects Brother's Ownership Claim Police Must Protect Lawful Possession When Civil Court Decree Is Defied: Kerala High Court Upholds Purchase Certificate Holder’s Rights Over Alleged Temple Claim One Mark Short, No Right to Appointment: Patna High Court Dismisses Engineer's Claim to Vacancies Left by Non-Joining Candidates Bombay High Court Binds MCA to Arbitration as "Veritable Party" in T20 League Dispute Silence in the Witness Box Can Sink Your Case: ‘Non-Examination Leads to Presumption Against Party’ — Andhra Pradesh High Court Sale Deed Holder With Registered Title Prevails Over Claimant Under Mere Agreement To Sell: Karnataka High Court Candidate With 'Third Child' Disqualification Cannot Escape Consequence By Avoiding Cross-Examination: Supreme Court

Non-Compliance with Section 15 Vitiates Proceedings: Supreme Court Quashes Land Acquisition

07 May 2024 8:19 AM

By: Admin


The Supreme Court has invalidated the land acquisition proceedings for establishing a Multi-Model Logistics Park under the Bharatmala Project, emphasizing the mandatory nature of Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). The bench, comprising Justices B.R. Gavai, Satish Chandra Sharma, and Sandeep Mehta, held that the objections under Section 15 should have been personally heard by the Collector and not the Sub-Divisional Officer (SDO), without proper authorization.

Court Observations and Views:

Non-Compliance with Section 15:

The Supreme Court underscored that the procedural requirements under Section 15 of the Act of 2013 were not adhered to. "The Collector is mandatorily required to personally hear the objections and forward a report to the appropriate Government," the court noted. The delegation of this function to the SDO without explicit authorization from the State Government was deemed invalid. The judgment clarified that the Collector, acting as the appropriate Government, must comply with the statutory duties outlined in the Act.

Improper Delegation of Authority:

Addressing the respondents' argument that the SDO had the authority to hear the objections, the Supreme Court remarked, "The provisions of Section 3(g) of the Act, defining 'Collector', do not authorize such delegation without a specific designation by the appropriate Government." The court highlighted that the SDO's role was limited to acting as the Land Acquisition Officer and not as the authority to hear objections under Section 15.

Legal Reasoning:

The judgment extensively discussed the statutory interpretation of Section 15, reinforcing the mandatory nature of the Collector's role in hearing objections. "The hearing of objections is a substantive right and cannot be bypassed or delegated improperly," the court emphasized. Citing previous rulings, the judgment reiterated that procedural compliance is crucial in land acquisition proceedings to ensure fairness and transparency.

Quotes from the Judgment:

Justice Sandeep Mehta stated, "The non-compliance with Section 15 vitiates the acquisition proceedings, as it deprives the objectors of their statutory rights." He further remarked, "The Collector must personally hear objections and cannot delegate this duty without proper authorization from the appropriate Government."

Conclusion: The Supreme Court's decision underscores the judiciary's commitment to upholding statutory rights and procedural fairness in land acquisition cases. By invalidating the acquisition proceedings due to improper delegation of authority, the judgment reinforces the importance of adhering to the procedural requirements under the Act of 2013. This landmark ruling is expected to impact future land acquisition cases, ensuring stricter compliance with statutory mandates.

Date of Decision:15th May 2024

Dinesh And Others Etc. vs. State Of Madhya Pradesh And Others Etc.

Latest Legal News