TMI Blog1976 (4) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... d Acquisition Act, 1894, (hereinafter referred to as 'the Act') for acquisition of certain lands in villages Sayajipuri, Bapow and Savad, District Baroda, Taluka Baroda were initiated by the Government of Gujarat at the instance of Sardarnagar Cooperative Industrial Society Limited registered under the Gujarat Cooperative Societies Act 1961 (hereinafter referred to as the Company for the purpose of establishing an industrial estate for small scale industries. The acquisition being for the Company a notification was issued under Section 4 of the Act on July 2, 1964 after following the provisions of Part VII of the Act. An agreement under Section 41 of the Act between the State Government and the Company was entered into on April 2, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Suresh Koshy George v. The University of Kerala and Ors. [1969]1SCR317 and reiterated in A.K. Kraipak and Ors. v. Union of India and Ors. [1970]1SCR457 rules of natural justice are not rules embodied always expressly in a statute or in rules framed thereunder. They may be implied from the nature of the duty to be performed under a statute. What particular rule of natural justice should be implied and what its content should be for a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held, and the Constitution and nature of duties of the Tribunal or the body of persons appointed for that purpose. Let us, therefore, advert to the provisions of Rule 4 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) in any case where the land proposed to be acquired is agricultural land, consult the Senior Agricultural Officer of the district whether or not such land is good agricultural land; (ii) determine, having regard to the provisions of sections 23 and 24 of the Act, the approximate amount of compensation likely to be payable in respect of the land which, in the opinion of the Collector, should be acquired for the Company; and (iii) ascertain whether the Company offered a reasonable price (not being less than the compensation so determined) , to the persons interested in the land proposed to be acquired. Explanation.--For the purpose of this rule good agricultural land means any land which, considering the level ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on keeping in view the provisions of sections 23 and 24 of the Act and (3) to ascertain whether the Company offered a reasonable price (which is not less than the compensation so determined) to the persons interested in the land which is proposed to be acquired. 6. A conjoint reading of Sub-rules (1) and (2) leaves no room for doubt that the enquiry by the Collector, which is meant inter alia to find out whether all reasonable efforts have been made by the Company to get the land by negotiation on payment of reasonable price and such efforts have not fructified and to determine the approximate amount of compensation likely to be payable in respect of the land keeping in view the provisions of sections 23 and 24 of the Act, is of vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice in State of Gujarat and Anr. v. Patel Chaturbhai Narsibhai and Ors. [1975]3SCR284 . The contention of the State that the enquiry under rule 4 is administrative and that the owner of the land is not entitled to be given an opportunity to be heard at the enquiry cannot be accepted for these reasons. The enquiry under rule 4 shows that the Collector is to submit a report among other matters that the Company has made all reasonable efforts to get such lands by negotiation with the persons interested therein on payment of reasonable price and such efforts have failed. The persons interested therein are the owners of the land which is proposed to be acquired. The company at such an enquiry has to show that the company made negotiati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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