Smt. Chatro Devi vs Union Of India (Uoi) And Ors. on 3 March, 2005
In addition to the above, it is also necessary to mention a decision of another Division Bench of this Court in Hari Ram Kakkar v. Union of India and Ors., 2002 (61) DRJ 86 (DB). The petitioner therein had filed objections under Section 5A of the Act. The Division Bench fully endorsed the reasoning given in Balak Ram-III in respect of the inquiry under Section 5A of the Act pertaining to village Satbari. The Division Bench noted in paragraph 4 of the Report that the facts of the case show that there is no record of any hearing conducted by the previous Collector under Section 5A of the Act or by the Collector who submitted the report to the appropriate Government. There was, therefore, a complete negation of the right conferred on land owners under Section 5A of the Act. On the issue whether the inquiry under Section 5A of the Act is administrative or quasi-judicial or judicial, the Division Bench held (in paragraph 6 of the Report) that: