Land acquisition act 1894 relevance of section 9(4)
Dr Sangh Mittra
(Querist) 10 May 2013
This query is : Resolved
Sir,
What is the implication if the Land Acquisition Officer does not serve the individual notice to the Land owner under Section 9(4) of the Land Acquisition Act 1894?
Is India even now to be treated as Bengal Presidency in which Land Acquisition Act was sought to be implemented?
Can the State Government acquiring Land of the Soldiers and others not residing in the boundaries of the said State be held to be justified and legally correct by the mere Publication of the Notifications under Section 4 and 6 in the regional Newspapers and in the Gazette of the State Government?
Is the Law really blind and paraplegic as the Land Acquisition Act 1894 is still be applied in the spirit of the Nineteenth Century in India and amended during emergency when the Right to Property was taken off and of the eighties when the Land of the farmers and soldiers was to be gobbled up for SEZs.
Is there no Lawyer in the Country and or no Judge who may ask the State Government acquiring Lands to give wide publicity to the Notifications of Acquisition in the manner that all land owners or their relations come to know of it and at least file objections /
Is there any legal remedy for a Soldier/ Civil Servant whose residential piece of Land was acquired by Notifications under Section 4 and 6 published in the regional Newspapers and Gazette of the State in 2007 and 2008 and award made in 2010 of which the Soldier was not even informed under Section 12(2) of the Land Acquisition Act/
How long should the said Soldier keep corresponding with the State Government to get reply as to why was he denied the opportunity of hearing under the circumstances and why was he not served Notice under Section 9(4) of the Land Acquisition Act/
If he files the Petition will the first Petition not go waste as the Hon’ble Court would ask the state to consider and reply to the Petitions of the Soldier made from 2010 onwards?
Can the soldier ask for relief in the form of the de-notification of his residential plot on the basis of the Judgment of the High Court in which the Notifications under Section 4, 6 and Award qua the plot adjacent to the plot of the Soldier , falling in the same Khasra and Khatauni been quashed by the Court in the Judgment dated 5.5.2011 9 for which the soldier has been requesting the state Government to give him the relief?
The said Judgment can be read from the follwing link
http://lobis.nic.in/phhc/casetype1.php?scode=28&fflag=1
Raj Kumar Makkad
(Expert) 06 June 2013
Your entire queries are purely academic and are liable to be posted in forum section of this site instead of this expert section.
