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
CourtBefore the Supreme Court of India
BenchChief Justice AN Ray, Justice Kuttyil Kurien Mathew
Author of the judgementJustice Kuttyil Kurien Mathew
Decided On6 August, 1974
Advocate for the appellantJ. 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
AbstractIn 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 briefAditya Gor
KeywordsNotification, Land Acquisition Act, Religious Trust, Land Collector, Natural Justice, Legislature.


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