glum area under section 3 , or an area as a clearance
area under section 9 or before taking action under section
10 . All the difficulties ... slum area under section 3 or an area as a
clearance area under section 9 or before taking action under
section 10 . All these difficulties
there has clearly been a violation of the provisions contained in Section 9(3) of the Land Acquisition Act. Mr. Das argues that there cannot ... notice under Section 9 was not wilful and according to Mr. Das taking into consideration that non-service of notice under Section 9 in those
section (3) of Section should also satisfy the requirements of the notice under sub-section (1) as laid down by sub-section ... section (2) of Section 10 days down that every person required to make such a statement under Section 10 (1) or Section 9 shall
case was that no notice was served upon him under Section 9(3) of the Land Acquisition Act. Therefore the award was void ... also not disputed that no notice under Section 9(3) was given by the Collector to the plaintiff. Section 9(3) provides that
publication of the notice under Sub-section (1) of Section 9 of the Act.
Thereafter proceedings under Section 9 of the Act were taken ... section (2) of Section 4 . Section 5 provides for payment of all damages as a result of such acts, Section 9(3) enjoins the Collector
Section 9 , which means pursuant to public notice under Sub-section (1) of Section 9 or to the special notice under Sub-section (3 ... that case public notice under Section 9(1) of the Act was published, but no notice under Section 9(3) had been Issued.
Dealing with
Section 9(1) and directed that the Land Acquisition Officer shall proceed from the stage of special notice as contemplated under Section 9(3 ... land under Section 7 , the acquisition is complete except for the determination and apportionment of the compensation. If notices under Section 9(3
Bench) has very lucidly explained the provision of Sub-section (3) of Section 9 in the following passage.
"It will be noticed that ... notice purports to be one under Section 9 (2) and service of special notice under Sub-section (3) had not been proved, Section
then was) while considering the scope of Section 9 held that Section 9(3) is mandatory and failure to observe the said provision ... counter thus:
"Further notices under Section 4(1) and under Section 6 , 9(3) were issued to the pattadars and enjoyers of the land
Section 9(1) of the Act. The distinction between the public notice provided under Section 9(1) and the special individual notice under Section 9 ... Provided for and prescribed in sub-sections (1) and (2). To put it in other words, Section 9(3) is a supplementary provision
