Land Acquisition (Companies) Rules, 1963
A notification under
section 6 issued without complying with rule 4(4) of the Land Acquisition
(Companies) Rules, 1963, is void. Any change in rules relating to procedure,
applies to all pending matters. The requirement of a report under rule 4(1) is
a requirement in addition to the requirement of a report under section 5A of
the Act. The notification under section 6 in contravention of the aforesaid
rule is void.
Unless the directions
enjoyed by rule 4 are complied with, the notification under section 6 of the
Act will be invalid.
Enquiry under rule 4
and rules of natural justice - Rules of natural justice are not rules
embodied always expressly in a statute or the rules framed thereunder. Although
rule 4 of Land Acquisition (Companies) Rules, 1963 is silent regarding mode and
method of enquiry by the Collector, he has to observe in the interest of fair
play by allowing the person interested, reasonable opportunity of being heard
and of adducing materials. Rule 4 prohibits the Government from issuing
notification under section 6 unless it has consulted the Committee and
considered the said report including that under section 5A and unless an
agreement with the company under section 41 has been executed.