Land Acquisition Act, 1894; Section 5A- A “person interested” under Section 5A(1), can seek annulment of the acquisition process if no opportunity to file objections, is accorded. However, such person cannot seek hearing as a statutory right unless has lodged the objections. (Para 22)
Land Acquisition Act, 1894; Section 4- Notification issued under Section 4 of the 1894 Act creates an impediment on the transfer of title in a property.16 The subsequent purchasers do not acquire an unencumbered title over the property and they deliberately run the risk of securing a defective title. The axiom that ‘a public right cannot be altered by the agreement of private persons’, will thus clog their right to raise objection against the acquisition. (Para 26)
Legal maxim – ‘Omnia Consensus Tollit Errorem’- Every assent removes error. (Para 22)
Legal maxim – ‘omnia praesumuntur rite esse acta’ -The act can be presumed to have been rightly and regularly done. The Court would presume that the official act was done rightly and effectively and the burden to prove contrary lies on the party who disputes the sanctity of such act. (Para 40)