Works of Defence Act,1903
Act No : 7
Section : NOTICE TO PERSONS INTERESTED
SECTION 09: NOTICE TO PERSONS INTERESTED
(1) At any time before the expiration of—
(a) the period of eighteen months from the publication of the declaration referred to in section 3-, or
(b) such other period not exceeding three years from the said publication as the19[Central Government]20[* * *] may, by notification in the c[0fflcial Gazette] direct in this behalf, the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him:
Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, by section 6-, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.
(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6-, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7-, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8-. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue-district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.
OBJECTS AND REASONS "Clause 9— Our proposal, as explained under clause 6, to postpone the exercise of powers of demolition, except in emergent cases, until after the award referred to in clause 11, removes the principal reason for fixing at six months the period after which the second notice calling for claims to compensation must issue. It is necessary to fix some definite period because clause 38 invests the Local Government with a power of withdrawal from the initial declaration and, if the survey, planning and valuing operations preliminary to the actual assessment owners, whose property is transferred in the interim and who cannot, therefore, claim compensation, may suffer owing to the deprecated market-value. There seems to be a consensus of opinion that six months will often be insufficient for the purpose; but a period of three years over which the proceedings under the Statute may extend, will not usually be required; and we would; therefore suggest eighteen months which with the previous sanction of the Governor-General in Council, may be extended to three years. Where emergent powers are exercised under clause 6, sub-clause (3), any lapse of time after the demolition of a building in creases the difficulty of proof of damage; and in such cases, therefore, we think it reasonable to impose upon the periods defined in sub-clause (1) the further limitation that notice must be given as soon as may be after the exercise of any such power. We have defined with greater distinctness, in sub-clause (2), the particulars to be contained in the second notice calling for claims. A precise statement of damage caused or to be caused under clause 6 will be necessary in view of the altered procedure by which the award will ordinarily precede such damage. A consequential amendment has been made in clause 13, sub-clause
(1). From sub-clause (4), the reference to registration under the Indian Post Office Act, 1898-VI of 1898), has been omitted as sufficiently covered by the General Clauses Act, 1897-(X of 1897),section 27- A similar alteration will be found in the proviso to clause 3l, sub-clause (3)."—S.C.R.
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