Shri Mandir Sita Ramji v Late Governor of Delhi and others(1974): When the legislature has spoken, the judges cannot afford to be wiser.
Case | Shri Mandir Sita Ramji v. Late Governor of Delhi and Others, AIR 1974 SC 1868 |
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Court | Before the Supreme Court of India |
Bench | Chief Justice AN Ray, Justice Kuttyil Kurien Mathew |
Author of the judgement | Justice Kuttyil Kurien Mathew |
Decided On | 6 August, 1974 |
Advocate for the appellant | J. K. Jain and T. V. S. Narasimhachari |
Advocate for the respondent | L. N. Sinha, Solicitor General of India, S. N. Prasad, and R.N. Sachthey |
Abstract | In the present case, the appellant's land was taken without giving him an opportunity of being heard. Both the single judge and the division bench of the High Court ruled in the favor of the appellant and directed the Delhi Administration to provide hearing to the appellant. Under section 5A of the Land Acquisition Act, it is necessary for the Land Collector to hear the objector and give recommendations. However, this recommendations are not binding on the government. In the present case, the collector did not hear the objector and the hearing was given to the administration directly. The division bench held that there was no need to take into consideration the recommendation of the collector and thus there is no infringement of section 5A of the Act. The Supreme Court did not agree to this and held that the provisions of the statute are mandatory to be observed. |
Author of the brief | Aditya Gor |
Keywords | Notification, Land Acquisition Act, Religious Trust, Land Collector, Natural Justice, Legislature. |