RANCHHODLALJI GOSWAMI Vs. ACQUISITION OFFICER

JUDGEMENT

(1.) This is an appeal from the decision of the Joint Judge of Ahmeda-bad. The claimant Goswami Ranchhodlalji was the owner of a piece of land let out to charcoal dealers and the Municipality required upwards of 590 square yards of it for road widening. Accordingly the requisite notice under Section 4 of the Land Acquisition Act, 1894, was duly issued on July 7, 1936, by publication in the " Bombay Government Gazette," The next step was this : on or about May 31, 1938, a notice under Section 9 of the Act was sent by registered post to the claimant so that he could make his claim for compensation. The claimant is a religious head and guru and he does not deal himself with business affairs : but has a manager for that purpose. The notice, sent to the claimant by registered post was addressed to him at his residence ; where the receipt for it was signed by his clerk, who passed on the notice to the claimant's manager. In the circumstances to which I shall presently refer; no step was taken upon that notice, and in effect the time ran out and the claimant-appellant's claim, for compensation went by default.

(2.) Mr. R. M. Shah for the claimant-appellant has raised two points : first it is said that the notice under Section 9 was not properly served, and secondly, if we should determine that#its service was validly effected ; then that under Section 25 sufficient reason is shown in the circumstances of the case why the claimant-appellant omitted to make his claim, and that accordingly he is entitled to the larger sum of compensation found by the learned Judge in the Court below. This larger sum he would not be entitled to under Section 25 unless he can show " sufficient reason " for his omission.

(3.) With regard to the first question, it is Section 45 of the Act which provides for service. In substance that, section provides for personal service whenever it may be practicable, or under Sub-section. (5) where a person cannot be found, the service may be effected either by making it upon an adult member of his family residing with him, or by fixing a copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the Courthouse, and also in some conspicuous part of the land to be acquired. Then follows a proviso which is as follows :-- Provided that, if the Collector or Judge shall so direct, a notice may he sent by post,, in a letter addressed to the person named therein at his last known residence, address or place of business and registered under Part III of the Indian Post Office Act, 1866, and service of it may be proved by the production of the addressee's receipt.