Featured image for Supreme Court Judgment dated 26-10-2018 in case of petitioner name Raghubir Singh vs State of Rajasthan & Others
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Land Acquisition Dispute: Supreme Court Remands Rajasthan High Court’s Dismissal for Fresh Consideration

The Supreme Court of India, in its ruling in Raghubir Singh vs. State of Rajasthan & Ors., addressed the procedural lapses in a land acquisition dispute. The Court remanded the case back to the Rajasthan High Court, finding that the Division Bench had failed to adequately address the legal and factual issues presented before it. The judgment emphasizes the necessity of a reasoned and thorough evaluation in cases involving land acquisition.

Background of the Case

The case revolved around the acquisition of land under the Land Acquisition Act. The appellant, Raghubir Singh, had filed a writ petition in the Rajasthan High Court challenging notifications issued under Section 4 and subsequent sections of the Act on multiple legal and factual grounds. The Single Judge dismissed the writ petition, prompting the appellant to file an intra-court appeal before the Division Bench. However, the Division Bench summarily dismissed the appeal without discussing the issues in detail.

Legal Issues Raised

  • Whether the notifications issued under the Land Acquisition Act were valid.
  • Whether the appellant’s challenge to the acquisition process was legally sustainable.
  • Whether the High Court’s summary dismissal of the appeal was procedurally flawed.
  • Whether the appellant’s fundamental rights under the Constitution were violated.

Arguments by the Appellant

The appellant, Raghubir Singh, contended:

  • The land acquisition notifications were arbitrary and violated procedural requirements.
  • The Single Judge’s dismissal failed to consider crucial factual and legal aspects of the case.
  • The Division Bench, instead of examining the issues on merit, summarily dismissed the appeal.
  • The High Court’s failure to discuss key legal principles denied the appellant a fair hearing.

Arguments by the Respondents

The State of Rajasthan and other respondents argued:

  • The land acquisition process was carried out following due process of law.
  • The High Court had sufficiently considered the appellant’s claims before rejecting them.
  • The appellant failed to establish any procedural irregularity in the acquisition.

Supreme Court’s Observations

The Supreme Court found that the Rajasthan High Court’s Division Bench had not addressed the appellant’s concerns adequately. The Court ruled:

“The Division Bench failed to deal with any of the issues raised in the appeal and did not consider the submissions made by the appellant. The proper course was to adjudicate upon these issues, instead of dismissing the appeal summarily.”

Key Findings

  • The Division Bench did not engage in a substantive discussion of the issues involved.
  • The case raised substantial legal and factual questions that required examination.
  • The principles of fair hearing and reasoned judgment were not adhered to.
  • Land acquisition cases demand strict compliance with procedural safeguards.

Final Judgment

The Supreme Court set aside the High Court’s order and remanded the case back for fresh adjudication, directing:

“We request the Rajasthan High Court to reconsider the appeal on merits and deliver a reasoned judgment addressing the legal and factual aspects raised by the appellant.”

The Supreme Court also directed that the High Court should conclude the matter within six months to ensure timely justice.

Impact of the Judgment

  • Reaffirms the necessity of reasoned judgments in appellate proceedings.
  • Ensures procedural fairness in land acquisition cases.
  • Prevents summary dismissals that undermine the right to appeal.
  • Sets a precedent for higher courts to intervene when lower courts fail to examine key issues.

The ruling highlights the judiciary’s role in safeguarding legal rights against arbitrary executive actions and reinforces the principles of fair hearing and procedural due process.


Petitioner Name: Raghubir Singh.
Respondent Name: State of Rajasthan & Others.
Judgment By: Justice Abhay Manohar Sapre, Justice Indu Malhotra.
Place Of Incident: Rajasthan.
Judgment Date: 26-10-2018.

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