Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 3764 (MAD)

Kamala v. District Collector, Dharmapuri District

2013-10-31

S.MANIKUMAR

body2013
Judgment : 1. Material on record discloses that Form-6 in R.O.C.No.2045/2012 dated 02.08.2013, has been issued to the writ petitioner, under Sections 9(1) and (10) of the Land Acquisition Act, 1894. As per the said notice, the petitioner has been directed to appear on 14.08.2013 at 11.00 am before the Revenue Divisional Officer, Dharmapuri and give a statement in writing showing the nature of their interest in the lands and the amount of compensation for such interest. 2. At this stage, the petitioner seemed to have made a representation dated 10.09.2013 to the said authority requesting to exempt the land from the acquisition proceedings. The petitioner has also suggested that an alternate porombokke land can be acquired. 3. Objection to the land acquisition proceedings, is dealt with under Section 5-A of the Land Acquisition Act, 1894. After consideration of objections, a declaration has to be issued, under Section 6 of the said Act. Thereafter, as per Section 7 of the Act, the District Collector, shall pass an order for acquisition. Section 7, is reproduced hereunder. "After declaration Collector to take order for acquisition.—Whenever any land shall have been so declared to be needed for a public purpose or for a company, the appropriate Government, or some officer authorised by the appropriate Government in this behalf, shall direct the Collector to take order for the acquisition of the land." Thereupon, as per Section 8, the Collector, shall cause the land (unless it has been already marked out under section 4), to be marked out. He shall also cause it to be measured, and (if no plan has been made thereof), a plan to be made of the same. After the abovesaid process, as per Section 9 of the Act, (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. After the abovesaid process, as per Section 9 of the Act, (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. (2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate. (4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898). 4. When the process of hearing objections, under Section 5-A and publication of Section 6 declaration, is already over, it is not open to the petitioner to once again revive his objections, to the acquisition proceedings by sending another representation, seeking for exemption of the lands. 5. 4. When the process of hearing objections, under Section 5-A and publication of Section 6 declaration, is already over, it is not open to the petitioner to once again revive his objections, to the acquisition proceedings by sending another representation, seeking for exemption of the lands. 5. Provisions of the Land Acquisition Act, does not mandate consideration of objections at every stage, more particularly, when the Land Acquisition Officer has issued a notice as per Section 9 of the Act for personal appearance by the landowner or his agent to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8 of the Act. Response to the notice under Sections 9(1) and 10 of the Act can only be with reference to the factors set out in the abovesaid sections and that the landowner cannot make, objections once again to the acquisition proceedings. 6. In such a view of the matter and in the light of the statutory provisions, this Court is not inclined to issue any mandamus, as prayed for. Hence the writ petition is dismissed. No costs.