Guru Krishnakumar

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Land Acquisition Actappellant- sec.4 notification, sec.6 and award can be challenged before taking possession with in reasonable time – Notice at locality is mandatory – no company and it’s site can be acquired for industrial purpose = Company itself is running an industry on the date of the notification, we are of the view that there is no justification in acquiring a running industrial unit for industrialization of the area.- In view of the above, it is clear that in spite of knowing the specific ground raised by the appellant about the non- publication of the substance of the notification as prescribed under the Act in the locality concerned, neither the State nor the Land Acquisition Collector availed the opportunity of filing reply refuting the same. In such circumstances, we have no other option except to hold that there was no publication of the substance of the notification under Section 4(1) of the Act in the locality which is held to be mandatory. It is also relevant to point out that by effecting such publication in the locality, it would be possible for the person in possession, namely, either the owner or lessee to make their representation/objection in the enquiry under Section 5A. In addition to the same, such person “owner or occupier” is entitled to file their objections within 30 days from the date of publication in the locality and by non-publication of the same in the locality as provided under the Act, the owner or occupier loses his valuable right. For these reasons also, the acquisition proceedings are liable to be quashed.= Under these circumstances, we set aside the impugned order of the High Court dated 08.07.2008 and quash the land acquisition proceedings insofar as the appellant-Company is concerned.

 published in    http://judis.nic.in/supremecourt/imgst.aspx?filename=40657       REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 CIVIL APPEAL NO. 6792 OF 2013 3 (Arising out of SLP (C) No. 19869 of 2008)   M/s V.K.M. Kattha Industries Pvt. Ltd. …. Appellant(s) Versus State of Haryana & Ors. …. Respondent(s)     J U … Continue reading

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