SC-LD SINGUR 5 LAST

Justice Gowda further said the determination of market Justice Gowda further said the determination of marketvalue of lands by clubbing a number of cases together andpassing a composite award is no award in the eyes of law. Justice Mishra agreed with Justice Gowda on issuesrelating to inquiry by the LAC during the acquisitionproceedings. "Though the State Government could have taken decisionbefore issuance of notification under section 4 for setting upof project,however it could not have taken decision to acquireparticular land in various mouzas before survey is undertakenas authorised by the provisions contained in section 4 of theAct, the action of the State has the effect of frustratingvery purpose of holding inquiry under section 5A. "The inquiry held under section 5A is a farce and aneyewash. Neither the Collector nor State Government consideredthe matter with objectivity as mandated. Inquiry has not beendone with open mind with requisite fairness. They were clearlyinfluenced by decision of cabinet. "Entire acquisition stands vitiated in the facts andcircumstances of the case. The case need not be relegated tothe stage of inquiry as project itself has been abandoned,"Justice Mishra said. PTI MNL SJK RKSARC