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Supreme Court of India 2018-04-25 allowed

Shiv Singh & Ors vs State of Himachal Pradesh & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A state sought to acquire land belonging to the appellants for road construction under the 2013 Land Acquisition Act. The appellants filed timely objections, but the Collector neither granted them a hearing nor submitted a required report to government as mandated by Section 15(2) of the Act. The High Court dismissed their writ petition, but the Supreme Court found this procedurally flawed. The Court held that compliance with Section 15(2)—affording hearing and submitting a report—is mandatory for valid acquisition. The appeal was allowed, the High Court's judgment was set aside, and the matter was remitted to the Collector to reconsider the objections within three months following statutory requirements.

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Land Acquisition Administrative Law Procedural Compliance Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013

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