1996 (8) TMI 540 - SC - Indian Laws

Supreme Court overturns High Court decision on Land Acquisition Act declaration, stresses proper enquiry

State of Karnataka Versus D.C. Nanjudaiah

The Supreme Court granted leave to hear the appeal where the High Court had quashed a notification and declaration under the Land Acquisition Act, 1894. ... - Issues involved: Interpretation of Sections 4(1), 5-A, and 6 of the Land Acquisition Act, 1894; Validity of notification and declaration under the Act; Proper conduct of enquiry under Section 5-A.Summary:The Supreme Court, in a case where the respondents did not appear, granted leave to hear the appeal. The controversy centered around the notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, 1894. The High Court had quashed both the notification and declaration in writ petitions challenging them. The High Court found fault with the conduct of the enquiry under Section 5-A, leading to the quashing of the declaration under Section 6. However, the Supreme Court disagreed with the High Court's reasoning, noting that the declaration under Section 6 was published within three years as required by law. The Court emphasized the need to conduct a proper enquiry under Section 5-A, which would trigger the limitation period for publication of the declaration. Citing a previous judgment, the Court allowed the appeals, quashed the declaration, and granted the appellant time to conduct a new enquiry and publish the declaration within specified timelines.In conclusion, the Supreme Court allowed the appeals, quashed the declaration under Section 6, and directed the appellant to conduct a new enquiry within four months and publish the declaration within one month thereafter. No costs were awarded in the matter.