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B.R. Gupta Vs. Union of India and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCivil Writ Petition No. 1639 of 1985
Judge
Reported in37(1989)DLT150; 1989(16)DRJ225; 1989RLR1
AppellantB.R. Gupta
RespondentUnion of India and ors.
Advocates: P.N. Lekhi,; K.L. Rathi,; Subhash Mittal,;
Excerpt:
- - governor also failed to notice the infirmities in the reports under section 5a filed by the l......with the report under section 5a in one day. the lt. governor also failed to notice the infirmities in the reports under section 5a filed by the l.a.cs. the satisfaction expressed by the lt. governor in his order under section 6 is not the real satisfaction but a mere mechanical exercise.the orders passed by the lt. governor in regard to the said eleven villages are, thereforee, not sustainable in law and are quashed.
Judgment:

(1) Effective hearing to the objectors is a mandatory requirement. In the instant the report of the Lac is non speaking and the order of the Lt. Governor have been passed in branch of the mandatory requirement; of Section 6. There is non application of mind. The report of the Land Acquisition Collector under Section 5 was. received in Raj Niwas on 5-6-l985 and the order under Section 6 was passed by the Lt. Governor on the very day.namelyely, 14-6-l985. The appears to be some substance in the contention that it was humanly impossible to consider such large number of objections together with the report under Section 5A in one day. The Lt. Governor also failed to notice the infirmities in the reports under Section 5A filed by the L.A.Cs. The satisfaction expressed by the Lt. Governor in his order under Section 6 is not the real satisfaction but a mere mechanical exercise.The orders passed by the Lt. Governor in regard to the said eleven villages are, thereforee, not sustainable in law and are quashed.


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