N M VENKATARAMA IYER Vs. COLLECTOR OF TANJORE

JUDGEMENT

(1.) The petitioner's lands in Naduvacheri village were acquired to the extent of 47 cents in accordance with the scheme sanctioned in G.O. No. 3559, Revenue, dated 10 November 1917. The award of the Land Acquisition Officer is dated 17 November 1925. After the award was made the petitioner put in an application on 22 December, 1925, under Section 18, Land Acquisition Act ( 1 of 1894 ), requiring the matter to be referred to the Subordinate Court on the ground that there had been a gross undervaluation of the properties acquired. Under Section 25 (2) of the Act, when an applicant has omitted without sufficient reason to make a claim, the amount awarded by the Court, i.e., the Subordinate Court shall in no case exceed the amount awarded by the Collector. The learned Subordinate Judge held that the appellant had omitted to make a claim under the Act and that such omission was without sufficient reason. Upon that finding he could not under the Act award an amount in excess of the amount awarded by the Collector, but nevertheless he proceeded to deal with the case on its merits.

(2.) Two preliminary questions have to be decided here before the case can be considered on its merits. The first point is whether the notice issued by the Collector under Section 9 of that Act complies with the provisions of Sub-sections (2) and (3) of that section, as it is contended on behalf of the appellant that the notice did not call upon him to make a claim for compensation. The second point is that the notice does not comply with the provisions of those sub-sections because the notice served upon the appellant was served upon him only on 17 October 1925, whereas he was called upon to appear before the Collector, in this case the Labour Officer, on 26 October and hence he was only given nine days notice, and it is contended that he was entitled to not less than fifteen days notice after the date of the publication of the notice.

(3.) With regard to the first point, the personal notice to the appellant is Ex. N. It is a notice issued under Secs.9 (3) and 10, Land Acquisition Act, and it states as follows The Government are going to acquire the lands mentioned in the list hereunder under Act (1) (India) of 1894. You shall appear either in parson on 26 October 1925 before me at Nannilam Camp or by an authorized agent and inform the nature of the right you possess in these lands, the amount due to you out of the amount of compensation to be given for the said right, and objections if any in respect of the measurements made according to Section 8. You should prepare a written statement and the same signed either by you or by your authorized agent should be presented.