Sec. 80, though a procedural provision, has been held to be mandatory as it is conceived in public interest,

Sec. 80, though a procedural provision, has been held to be mandatory as it is conceived in public interest, the public purpose underlying it being the advancement of justice by giving the Government the opportunity to scrutinize and take immediate action to settle a just claim without driving the person who has issued a notice having to institute a suit involving considerable expenditure and delay. This is to be contrasted with Section 34(5), also a procedural provision, the infraction of which leads to no consequence. To construe such a provision as being mandatory would defeat the advancement of justice as it would provide the consequence of dismissing an application filed without adhering to the requirements of Section 34(5), thereby scuttling the process of justice by burying the element of fairness. 

Case Law:

State of Bihar V. Bihar Rajya Bhumi Vikas Bank Samiti, 

Citation:

(2018) 9 SCC 472