Case Note & Summary
The petitioners, Sukumar M. Khot and others, challenged a declaration under Section 6 of the Land Acquisition Act, 1894, published on 23 June 2005, which sought to acquire their lands for the benefit of Sadashivrao Mandalik Kagal Taluka Sahakari Sakhar Karkhana Ltd., a co-operative sugar factory. The principal ground of challenge was that the Collector had not complied with the mandatory requirements of Section 5A of the Act. Under Section 5A, after hearing objections, the Collector must make a report and submit recommendations to the government. However, upon perusal of the records, the court found that the Collector did not prepare any independent report or submit any recommendations. Instead, the Collector merely acknowledged a chart prepared and submitted by the beneficiary society (the sugar factory) containing its responses to the objections filed by the landowners. The court held that this amounted to a delegation of the Collector's statutory duty to the beneficiary, which is impermissible. Relying on the settled position in law, particularly the Supreme Court's judgment in Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai, AIR 2005 SC 3520, the court concluded that the failure to comply with Section 5A vitiates the acquisition proceedings. Consequently, the court allowed the writ petition and quashed the Section 6 declaration.
Headnote
A) Land Acquisition - Section 5A Inquiry - Collector's Duty - The Collector must independently consider objections and submit a report with recommendations under Section 5A of the Land Acquisition Act, 1894 - The Collector cannot delegate this function to the beneficiary or merely forward the beneficiary's responses - Failure to comply renders the subsequent Section 6 declaration invalid (Paras 1-3).
Issue of Consideration
Whether the declaration under Section 6 of the Land Acquisition Act, 1894 is valid when the Collector failed to prepare an independent report and submit recommendations under Section 5A, instead relying on a chart prepared by the beneficiary society.
Final Decision
The writ petition is allowed. The declaration under Section 6 of the Land Acquisition Act, 1894, published on 23 June 2005, is quashed and set aside.
Law Points
- Section 5A of the Land Acquisition Act
- 1894 requires the Collector to independently consider objections and submit a report with recommendations
- delegation of this function to the beneficiary is impermissible
- failure to comply renders the Section 6 declaration void.
