Law: Land Acquisition Act (I of 1894)

Section: 4(1), (2), 18, 54

(a) Land Acquisition Act (I of 1894) S. 4(1) & (2)-Land acquisition-Jurisdiction-Collector's jurisdic tion in acquisition cases under Act-Dependent upon prior publication: of notice under S. 4(1)-Entry upon, surveying, and taking level of land-Can be done only after publication of such notice-Infraction by Collector of provisions of S. 4-Renders entire proceedings without jurisdiction. By reading subsections (1) and (2) of section 4 of Land Acquisition Act' together, it would be evident that the publication of notification under section 4 of the Act would appear to be a condition precedent to the exercise of jurisdiction by Collector in all cases in which it appears to him that any land in the district is needed or is likely to be needed for a public purpose or for a company. The word "shall" appearing in between the words "a notification to that effect" and "be published in the official Gazette" would appear to convey the unmis takable intention of Legislature that the publication of said notification was not a mere formality. In point of fact, the word "thereupon" appearing in the beginning of subsection (2) of section 4 is a further pointer in that direction which, when read in the context of subsection (1) of that section, would leave no doubt in one's mind that in all acquisition cases under the Act the very jurisdiction of Collector would depend upon the prior publica tion of the required notification and only thereafter it shall be lawful for any officer authorised by him to enter upon and survey and take level of the land intended to be acquired by him. Any infraction by Collector of the provisions of this section would give to a land-owner a valid cause for grievance to say that the entire proceedings conducted by him were without jurisdiction. Hafeezud Din v. Mian Khadim Hussain, Additional Deputy Commissioner, Lahore and others P L D 1965 Lah. 439; Yasin Khan v. Settlement and Rehabilitation Commissioner, Karachi P L D 1967 Kar 295 ; Idris Ahmad Khan v, Syed Ali Zahid Raza P L D 1972 Kar. 493 and Ghulam Mohi-ud-Din v. Chief Settlement Commissioner (Pakistan), Lahore P L D 1964 S C 829…