Law: Land Acquisition Act, 1894

Section: 9,25

(a) Land Acquisition Act (I of 1894)----Ss. 9 & 25---Acquisition of land---Rule as to amount of compensation---Notice to persons interested---Invocation of S.25, Land Acquisition Act, 1894---Scope---Collector is bound to cause public notice to be given at convenient places on or near the land to be taken and to serve notice on the occupier and on all such persons interested therein or were entitled to act for persons so interested, or had agents to accept service on their behalf within the Revenue District concerned---Collector was also directed under S.9, Land Acquisition Act, 1894 to serve notice through post, if the persons so interested are not residents of the Revenue District, in which the land was situated---Such mandatory compliance of S.9, if had been made by the Land Acquisition Collector, then the provision of S.25, Land Acquisition Act, 1894 could be invoked by the Collector as well as by the persons for whom the land had been acquired---Referee Court was prohibited to grant compensation more than the amount claimed by the applicants or less than the amount awarded by the Collector, if such notices were given under S.9 by the Collector, otherwise Referee Court was not prohibited to grant compensation, in accordance with the assessed price of the land acquired---Provisions of S.25 of the Act are penal, stringent and restrictive in nature in respect of the fixation of compensation, therefore, its preceding essentialities have to be complied with otherwise S.25 cannot be invoked or enforced to tie hands of the Referee Court---Collector was bound to raise such point of objection before the Referee Court, to get an issue framed from the said Court and to produce the notices if transmitted to landowners, as required by S.9, Land Acquisition Act, 1894 into the evidence, otherwise it would be late in the day to make hue and cry or to construct an edifice on this basis, before the Supreme Court---No such effort or exercise having been made by the Collector, it was mere an objection, having no relevance with the case and required no consideration from Supreme Court. Liyar Khan v. Land Acquisition Collector/A.C. Swabi 2003 YLR 3287; Tara Prasad Chaliha v.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492