The right to raise objections under section 5A of the Land Acquisition Act, 1894, depends on the knowledge of the interested parties of the notification issued under section 4(1) of the Act.

K. K. DESAI J.-[After stating the facts and contentions of parties the· judgment proceeds]. In connection with these rival contentions it is necessary to notice the relevant parts of sections 4, 5A, 6, 9 and 45, which run as follows:

"4. (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.”

Sub-section (2) authorises the Officer to enter upon the premises situate on the properties needed for acquisition and proviso to this sub-section runs:

"Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house without previously giving such occupier at least seven days notice in writing of his intention to do so.

5A. (1) Any person interested in any land which has been notified under section 4, sub· section (1) as being needed or likely to be needed for a public purpose or for a Company may, within thirty days after the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be."

Sub-section (2) of this section compels the Collector to give the objector an opportunity of being heard. Sub-section (3) provides that every person entitled to claim an interest in compensation would have the right to raise objection to acquisition:

"6. (1)..when the appropriate Government is satisfied, after considering the report, if any, made under section 5-A, sub-section (2), that any particular land is needed for a public purpose, a declaration shall he made to that effect….. "

Under sub-section (2) the declaration is directed to be published in the Official Gazette.

"9. (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.

(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests,…

(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein,.."

Section 45 relating to service of notices runs as follows:

"45. (1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3-A or 4 by the officer therein mentioned, and in the case of any other notice, ..

(2) Whenever it may he practicable, the service of the notice shall be made on the person therein named.”

2. These are all the relevant provisions in the Act. It is important to notice that power created under sub-section (2) of section 4 to enter upon the properties intended to be acquired must under the proviso to the sub-section be exercised only after service of individual and/or personal notice in writing and after seven days. Section 45 provides that this notice must be delivered to the relevant person. On the contrary the notification issued under sub-section (1) of section 4 is directed to be published in the Official Gazette and to be notified by causing public notice of the substance of such notification to be given at convenient places in the locality. As regards the notification issued under sub-section (1), statute does not direct that notice of the notification should be served on the owners or on persons entitled to claim interest in compensation. The first submission made by Mr. Lalit is accordingly not based on any statutory provision. In this connection, by