Santosh Hegde, J. - (1.) This appeal is placed for final hearing before this Bench on a reference made by a Bench of two learned Judges of this Court.
(2.) The question involved in this appeal pertains to the nature of enquiry to be conducted under Rule 4(2)(iii) of the Land Acquisition (Company) Rules, 1963. The referring Bench noticed a judgment of this Court in the case of Shyam Nandan Prasad and Ors. vs. State of Bihar and Ors. (1993) 4 SCC 255 which held that compliance of Rule (4) is not only mandatory but a notice of the said enquiry should also be given to the land owners concerned. The said judgment had noticed three earlier judgments of this Court in the case of State of Gujarat and Anr. vs. Patel Chaturbhai Narsibhai and Ors. (1975) 1 SCC 583, State of Gujarat and Ors. vs. Ambalal Haiderbhai and Ors. (1976) 3 SCC 495 and General Government Servants Co-operative Housing Society Ltd., Agra vs. Shri Wahab Uddin and Ors. (1981) 2 SCC 352 which also took similar views.
(3.) The referring Bench, however, felt that though the enquiry under Rule (4) is mandatory, issuance of notice to the land owners of such enquiry is not mandatory, because they will anyway be heard in Section 5A (L.A. Act) enquiry even in regard to the validity of the acquisition in favour of a company.;