Name of interested person not entered in revenue record.

S. RAMALINGAM

The question for consideration is whether at the stage of enquiry under S.5-A of the Land Acquisition Act, a person whose name is not entered in the revenue records as a person interested in the land, is entitled to notice of the enquiry when the officer conducting the enquiry is informed of the interest possessed by such person in the land.

2. Section 4 of the Land Acquisition Act contemplates publication of the notification in the Official Gazette by the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose. Besides such publication in the Official Gazette, the section also contemplates publication of the substance of such notification to be given at convenient places in the said locality. These provisions have been held to be mandatory.

3. The purpose and object of making such publication and causing such notice to be given is to enable all persons interested in the land to put forth their objections, if any, to the acquisition.

4. Section 5-A contemplates an enquiry to be conducted by the Collector into any objections that may be made against the proposal to acquire the lands.

5. In exercise of powers under S.55 of the Act, Rules have been made and R.1 of these statutory Rules contemplates giving of public notice of the substance of the notification under S.4(1)) of the Act in the locality. The Land Acquisition Manual which contains executive instructions states : -

"Besides publishing the notice as prescribed in R.1 of the Appendix, the Corrector should see that the individual notices are served as far as possible on every person believed to be interested in the land to be acquired in the manner prescribed by sub-secs. (3) and (4) of S.9 of the Land Acquisition Act of 1894." *

6. It is not in dispute that in all cases where emergency provisions are not invoked and an enquiry under S.5-A of the Act is contemplated, the Collector causes individual notices to be served on every person known or believed to be interested in the land to be acquired. Normally, such notices are sent to persons whose names are found recorded in the revenue records as persons interested. But in several cases it may transpire that persons whose names are found recorded in the revenue records as interested persons may cease to have such interest by reason of transfers of the holding or otherwise. Nevertheless, no mutation of names in the revenue records in favour of persons who have become interested in the land might have been effected. The result is that the Collector may cause individual notices to be served only on those persons whose names are found in the revenue records, but who have ceased to be interested in the land. The result is not far difficult to see. Such persons who have ceased to be interested in the land may not respond to the notice, nor would they care to participate in the enquiry to be held under S.5-A of the Act. In such cases, the statutory enquiry under S.5-A of the Act which has not been dispensed with, would be completed without affording a reasonable opportunity to the persons who have an existing right in the land under acquisition. Though it is incumbent upon the Revenue to keep their records up to date by effecting mutation of names reflecting the actual state of affairs by showing the persons really interested in the land in their records, yet in a few cases it may so happen that the revenue records are not made up to date and the person who is really interested in the land may not receive any notice from the Collector for the enquiry under S.5-A of the Act. In such cases, if it is brought to the notice of the Collector by the erstwhile land owner or by any other person including the present owner thereof, of the names of interested persons, the Collector as a statutory functionary cannot decline to afford an opportunity to the person who is really interested in the land and close the enquiry. When such information it brought to the notice of th