VidhiSangh

Supreme Court of India · 25/04/2018

SHIV SINGH & ORS. versus STATE OF HIMACHAL PRADESH & ORS.

[2018] 3 S.C.R. 947 · 2018 INSC 415

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Summary

The Supreme Court set aside dismissal of landowners’ challenge to a proposed road acquisition because their timely objections had not received the mandatory hearing and report procedure under section 15(2) of the 2013 land-acquisition Act. The Collector had neither heard them nor submitted the required report to the Government, and the State showed no compliance. The writ petition was allowed in part and the objections remitted for decision within three months, without deciding other acquisition issues.

Issues

  1. Whether failure to hear timely acquisition objections and submit the statutory report violated section 15(2).
  2. What relief followed from that procedural non-compliance.

Held

Result

Appeal allowed; High Court judgment set aside and writ petition partly allowed. Collector to decide the pending objections in compliance with section 15(2) within three months; other issues left undecided.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 947.