13. The government issued a section 4 notification for acquisition of ‘A’s land under the land acquisition. However the objections raised against such acquisition proposals were not considered by the land acquisition officer who issued a declaration of acquisition.

Facts of the Case

The government issued a Section 4(1) notification under the Land Acquisition Act, 1894 for the acquisition of land belonging to ‘A’.
‘A’ exercised his legal right by filing objections under Section 5A, which provides a 30-day window for affected persons to raise concerns against the proposed acquisition.
Despite raising objections, the Land Acquisition Officer failed to consider or record any findings on those objections.
The government proceeded to issue a Section 6 declaration, stating that the land was needed for a public purpose.

Whether the failure to consider objections raised under Section 5A invalidates the declaration under Section 6.
Whether the right to object under Section 5A is merely procedural or a substantive safeguard.
Whether non-compliance with the Section 5A process leads to a violation of principles of natural justice.
Can the declaration under Section 6 be challenged or quashed in such circumstances?

Section 4(1) allows the government to notify its intent to acquire land for a public purpose.
Section 5A gives the landowner the only opportunity to object, and is considered a valuable right.
As per several judicial pronouncements, including Hindustan Petroleum Corp. Ltd. v. Darius Shapur Chenai (2005) and Union of India v. Shiv Raj (2014), the Section 5A inquiry is not a formality, but a mandatory safeguard.
The Land Acquisition Officer must consider the objections, hold a hearing, and record reasons for accepting or rejecting them.
Failure to do so vitiates the entire acquisition process, and any declaration under Section 6 made without fulfilling Section 5A is liable to be set aside.

The omission to consider objections under Section 5A amounts to a violation of a statutory right.
The issuance of a Section 6 declaration without due consideration of objections is invalid in law.
Courts have consistently held that non-compliance with Section 5A nullifies the acquisition process.
Therefore, the declaration of acquisition can be challenged and quashed, and ‘A’ is likely to succeed if he files a writ petition under Article 226 of the Constitution.
The authority is obligated to re-conduct the Section 5A inquiry, consider the objections afresh, and then proceed in accordance with law.