CHAUDHARY SIA SARAN SINHA, J.

1. All these five appeals arise out of a decision dated the 8th Jan. 1971 of the Land Acquisition Judge on a reference under Sec.18 of the Land Acquisition Act, 1894 (hereinafter referred as "the Act") by the Collector, Shahabad.

2. The acquisitions of the lands in question were made for the construction of Parabuti Distributory in the district of Sahabad. The notification under Sec. 4 of the Act was locally published on the 15th October, 1963, though it was published in the Official Gazette dated the 5th of February, 1964.

3. We are concerned with the lands of two Mouzas in these appeals, namely, Mousas Gamharia and Sainha. The Collector awarded compensation to the applicants at the rate of Rs. 1,600.00 per acre and Rs. 2,000.00 per acre for the lands of Mouzas Saina and Gamharia, respectively, in spite of the claim of the applicants for enhanced compensation at the rate of Rs. 4,000.00 per acre.

4. On a consideration of the evidence adduced by the parties, both oral and documentary, the land Acquisition Judge allowed compensation for the lands of the two Mouzas at a flat rate of Rs. 4,000.00 per acre which included the benefits on account of the potential value of the lands acquired. This is how the State of Bihar has come up to this Court in these appeals.

5. Learned counsel for the State raised a short question in these appeals, the contention being that as there was no valid objection raised by the applicants at the stage of the proceedings under Section 9 of the Act, the Land Acquisition Judge acted illegally in enhancing the valuation of the lands. No other contention having been raised before this Court, the decision on this point will dispose of these appeals,

6. Sec.18 of the Act speaks of written application to the Collector by the person concerned. It is undisputed that such written applications were made by the applicants before the Collector which gave rise to the reference under Sec.18 of the Act. Section 9 of the Act deals with a stage earlier to the determination of the compensation by the Collector. Sub-Section (1) of Section 9 of the Act states, inter alia, that the Collector shall cause public notice to be given at convenient places, stating the intention of the Government to acquire the lands and further that claims to compensation for full interests in such lands may be made to him. In addition to the public notice envisaged in Sub-Section (1) of Section 9 of the Act, Sub-Section (2) of Section 9 necessitates issue of notice to all persons interested in the lands asking them to appear personally or by agent before him, that is to say, the Collector, at a time and place mentioned therein and to state, inter alia, about the amount and particulars of their claims to compensation. The last sentence of Sub-Section (2) of Section 9 of the Act is to be significantly noticed. It states that the Collector may on a case require such statement, referred to in the earlier part of Sub-Section (2) of Section 9 to be made in writing and sighed by the party or his agent.

7. A close reading of Sub-Section (2) of Section 9 of the Act leaves no manner of doubt that the objections contemplated in that Sub-Section can legally an validly be made orally, though in appropriate cases the Collector may require the persons interested to submit the statements in writing duly signed by them or their agent. Apart from the language of Section 9(2) of the Act, the purpose for which it was enacted, does not also necessitate the filing of written objections. Whatever be the objection made on receipt of the notice they are to be enquired into by the Collector under Sec.11 of the Act and there c be no legal difficulty in the Collector holding the enquiry of giving appropriate decision about the amount to deny awarded on the oral objections raised.

8. Non-compliance with the provision of Section 9 of the Act and the failure to make claim may debar the claimants from claiming a large sum than that awarded