In Brief
In 1975, the Union of India issued a notification under Section 4 of the Land Acquisition Act to acquire land in Village Malad for a defence project after the land had been requisitioned since 1943. The owners challenged the acquisition in 2002, arguing that mandatory public notice requirements had not been followed. The Supreme Court dismissed the Union's appeal, holding that mandatory procedural safeguards—publication in the Official Gazette and public notices in the locality—are cumulative conditions that cannot be waived. Since an identical Section 4 notification had been struck down in a prior case (Kulsum R. Nadiadwala), treating these similar cases differently would amount to unlawful discrimination. Long possession and defence purposes cannot cure non-compliance with mandatory statutory procedures.
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