Notice under section 4(1) of the land acquisition act 1894
Dr Sangh Mittra
(Querist) 21 April 2016
This query is : Resolved
Sir,
Was it mandated/ necessary/required for the Land Acquisition Collector to serve personal Notice by name upon the registered Landowners in an area where the Notification under Section 4(1) of the Land Acquisition Act 1894 was issued?
In Md Shafi case the Hon'ble Court has held that the purpose of Section 4(1) Notification is to awaken the Land owners likely to be deprived of their lands of their rights to file objections to the Land Acquisition as to the Public Purpose qua their pieces of individually owned land?
What was the legally acceptable method UNDER LA Act 1894 , interpreted by the Courts, of informing the Land Owners who were not the residents /nor inhabitants/ nor hadany relations nor any one staying on their piece of Land; in the area where Land Acquisition process was initiated and objections were required to be filed within 30 days?
What would be the legal position qua a Landowner's individually owned piece of Land when he could not file objections on not being informed/ nor intimated being in Central Govt Service staying far away from the locality where hi spiece of Land was situated; if the objections were duly filed by the Secretary of the House Building Society ( a society which had never purchased the land , nor owned the Land and was voluntarily comprised of individual title plot owners with a tentative lay out plan ) and such a Secretary was given the hearing by the Land Acquisition Collector and as a result thereof Land Acquisition Collector had recommended that "an officers colony is being developed", "filed jointly for release of land" and under Section 5A made report that the land be exempted from inclusion in Section 6 declaration? If in the said Report of the Land Acquisition Collector the khasra numbers of individaul land owners were duly mentioned and situated in the tentative lay out plan of the Society.
What would be the consequences if Land Acquisition Collector who had prepared the Report under Section 5A was transferred and the Joint Site Inspection Committee with the Successor Land Acquisition Collector undid the recommendations of the transferred out Land Acquisition Collector?
What if the State Government while considering the Report of the Land Acquisition Collector and that of the Joint Site Inspection Committee chose to accept the Report of the Land Acquisition Collector only expressly in file noting in which the piece of Lands of individaula land owners in the Society had been excluded from declaration under Section 6? In other the proposal of the Land Acquisition Collector to exclude land was proposed to be accepted and was accepted.
What if in the Declaration under Section 6 only the recommendations of the Joint Site Inspection Committee were only reflected which were in contravention to the recommendations of the Land Acquisition Collector and in contravention to the approval of the Government of the State.
And could now the Respondents State, Development Authority and Town Planning all say by an affidavit filed by the Land Acquisition Collector on the filing writ Petition , on the representation to the state to release my land having been rejected that since the individual Land owner had not filed objections he could not challenge the same?
Kindly advise.
With Regards,
Dr SM
drroshnijustin@gmail.com
Devajyoti Barman
(Expert) 21 April 2016
academic query.....take help of professional help.
Dr Sangh Mittra
(Querist) 21 April 2016
Sir,
It is not an academic query.
I am on this Forum seeking Professional/ Expert advice.
With regards,
Dr SM
P. Venu
(Expert) 21 April 2016
Please state the simple facts devoid of opinions.
