Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.15(2) – Non-compliance of, effect – Objections filed by the land owners challenging proposed acquisition – Non-submission of report by Collector to the appropriate government on the objections – Held: Under the scheme of the Act, once the objections are filed by the affected landowners, the same are required to be decided by the Collector under s.15(2) of the Act after affording an opportunity of being heard to the landowners, who submitted their objections and after making further inquiry, as the Collector may think necessary, he is required to submit his report to the appropriate Government for appropriate action in the acquisition in question – It is mandatory on the part of the Collector to comply with the procedure prescribed under s.15(2) so as to make the acquisition proceedings legal and in conformity with the provisions of the Act – In this case, the Collector neither gave any opportunity to the appellants as contemplated under s.15(2) nor submitted any report as provided under s.15(2) to the Government so as to enable the Government to take appropriate decision – Therefore, the Collector directed to decide the objections filed by the appellants keeping in view the requirements of s.15(2) and pass appropriate orders.
Allowing the appeal, the Court
HELD: It is not in dispute that the appellants had filed their objections to the proposed acquisition well within the time prescribed under Section 15 of the Act. There is non-compliance of Section 15(2) of the Act by the Collector. It is mandatory on the part of the Collector to comply with the procedure prescribed under Section 15(2) of the Act so as to make the acquisition proceedings legal and in conformity with the provisions of the Act. Respondent No.2 (Collector) is directed to decide the objections filed by the appellants keeping in view the requirements of Section 15(2) of the Act and pass appropriate orders. [Paras 6, 8 and 12][949-A, D-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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