Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013
Section 15(2) Objections to the proposed acquisition land- We find that the Collector neither gave any opportunity to the appellants as contemplated under Section 15(2) of the Act and nor submitted any report as provided under Section 15(2) of the Act to the Government so as to enable the Government to take appropriate decision. In other words, we find that there is non-compliance of Section 15(2) of the Act by the Collector. In our view, 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. We hereby direct the respondent No.2 herein (Collector, Winter Field, Shimla- 3 HP) to decide the objections filed by the appellants on 05.01.2016 keeping in view the requirements of Section 15(2) of the Act and pass appropriate orders. Shiv Singh VS= State of Himachal Pradesh, [5 LM (SC) 26]
