Law: Land Acquisition Act (I of 1894)

Section: 4, 6, 17(4), S-A, 40

(a) Land Acquisition Act (I of 1894), Ss. 4, 6 & 17(4)---Descrip tion of land, inaccuracy in-Contention that property having been described as Killa No. 130 of Square No. 37, although there was no Killa No. 130, which was an independent khasra by itself, acquisition of such land was illegal-Contending petitioner found to have made an application to Land Acquisition Collector, men tioning Khasra No. 130 repeatedly and requesting to acquire some other land in lieu thereof and even suggesting such other lands for purpose-Petitioner, held, in face of such application did not suffer any prejudice due to small mistake in description of land--- Objection rejected as of no significance. The petitioner in submitting an application to the Land Acquisition Collector did not suffer any prejudice due to the small mistake in the description of the land. (b) Land Acquisition Act (I of 1894), Ss. 4, 6 & 17---Notifi cation under S. 4 showing land as being acquired for Agent company but land acquired for principal company (Sugar Mills)---Name of Sugar Mills duly appearing in all subsequent notifications, agreement also executed, payment made, and constructions raised by such Sugar Mills-Circumstances safely driving to conclu sion of Agent's acting for their principals-Small inaccuracy in recital of factual position in notification under S. 4, held, cannot vitiate acquisition proceedings specially when no prejudice caused to land owner. In notification under section 4 of the Land Acquisition Act, 1894, it was shown that the land was to be acquired for the Agent Company but the intention was clear that there was to be set up a Sugar Mills on the spot and the acquisition was really meant for setting up that Mills. In all the subsequent notifications, the name of the Sugar Mills duly appeared. An agreement was also executed by that Sugar Mills. The said Sugar Mills made the payment and, in fact, constructed a hugs mills on the spot. The principal company had already come into existence much before the agent company applied for the acquisition of the land. An inference from all facts and circumstances can safely be drawn that the agents were acting for their principals…