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Land Acquisition (Companies) Rules, 1963


Notes

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 justiceRules 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.



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