Law: Land Acquisition Act (I of 1894)

Section: 9 (1), (2), 18, 9 (3)

(a) Land Acquisition Act (I of 1894)  S. 9 (1) & (2)Notice, service ofOmission to serve a proper notice, held, does not affect validity of acquisition proceedings but renders award passed by Land Acquisition Officer bad in law. Valjibhai v. Stare of Bombay A 1 R 1963 S C 1890 and Sadrudain Suleman v. J. H. Patwardhan A I R 1965 Born. 224 ref. (b) Land Acquisition Act (I of 1894)  S. 18 & 9 (3)Special notice  Reference Court. held, can award adequate compensation to petitioner if no special notice shown served on him at least 15 days prior to making of award without in any way being hampered by amount awarded by Collector. Collector of Chingleputt v. Kadir Mohideen A I R 1926 Mad. 782 ; Tara Prasad v. Secretary of State A I R 1930 Cal. 471 and Secretary of State v. Dinshaw A I R 1933 Sind 21 ref. (c) Land Acquisition Act (I of 1894)  Ss. 18 & 9 (3)Special notice  Noncompliance  Illegality committed on account of noncompliance with provisions of S. 9 of Act, held, does not have effect of vitiating acquisition pro ceedings.                                                                                                                     JUDGMENT ZAFFAR HUSSAIN MIRZA, J.The petitioner in this case seeks to call in question the land acquisition proceedings taken in respect of her land admeasuring 106 acres comprised in Survey Nos. 45, 185, 39A, 39/111 39/112 & 39/83 in Deh Gujjo, City of Hyderabad. 2. On 21st October, 1978 the Additional Deputy CommissionerI, Hyderabad, respondent No. 3 herein, acting as the Collector issued the preliminary Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) published in Sind Government Gazette dated 2nd November, 1978 declaring that the land in question alongwith other land described therein was likely to be needed for a public purpose namely, "for…