TMI Blog1905 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts of the case are not in controversy. 2. The appellant is owner of certain houses and premises adjacent to the office of the Bank of Bengal in Calcutta. The bank, desiring to extend its office, negotiated with the appellant for the acquisition of his property; but, failing to come to terms, it set in motion the machinery of the Land Acquisition Act, 1894. The bank is a company in the sense of that Act; and it applied for and obtained the declaration (now sought to t be set aside) that the appellant's land was needed in the sense of the Act. The first of the two questions in controversy is whether, before this declaration was issued, an inquiry had been duly held in accordance with the 40th section of the Act. The general sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the Code of Civil Procedure in the case of a Civil Court. 4. Now, upon the face of this enactment, there is no provision requiring or implying the presence or the knowledge of the owner of the land. The theory of the section would seem to be that the Government, through its officer, is to direct its, attention to public interests, and it is significant that neither promoter on the one hand, nor possible objector on the other, is mentioned in the section. This does not imply that the officer is to disregard the existence of adverse rights, and the word needed implies this. But the standpoint is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 authorized 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 kn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribe the conclusion of the Collector), and has nothing else to support it. When the sections relating to this matter are read together, it will be found that the proceedings resulting in this award are administrative and not judicial; that the award in which the inquiry results is merely a decision (binding only on the Collector) as to what sum shall be tendered to the owner of the lands; and that, if a judicial ascertainment of value is desired by the owner, he can obtain it by requiring the matter to be referred by the Collector to the Court. The sections directly relevant (besides the 9th already set out) are the 11th, 12th, 13th, 14th, 15th, and 18th. These sections, and the question as a whole, are very satisfactorily discussed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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