Mandatory Section 5A hearing before land acquisition declaration: Collector must hear objections, inquire, and recommend before Government proceeds.

Where an objection under Section 5A of the Land Acquisition Act, 1894 raises factual questions affecting acquisition, the Land Acquisition Collector must first give the objector an opportunity of being heard, inquire into the objection, and submit a recommendation before the Government proceeds under Section 6. The statutory duty rests on the Collector and is not displaced by the fact that the final decision lies with the Government. On the facts described, no effective hearing or inquiry was afforded, so the mandatory Section 5A procedure was not complied with and the declaration under Section 6 was vitiated.

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Issues: Whether the Land Acquisition Collector was bound to give the objector an opportunity of being heard and make an inquiry and recommendation under Section 5A before the declaration under Section 6 of the Land Acquisition Act, 1894.

Analysis: The objection raised a mixed question of law and fact, namely whether the land was attached to a religious institution and therefore fell within the exempted category in the notification. The statutory scheme required the Collector, and not the appropriate Government in the first instance, to hear the objector, enquire into the objection, and submit a recommendation. Since no effective hearing or inquiry was afforded, the statutory procedure under Section 5A was not complied with. The fact that the ultimate decision rested with the Government did not dispense with the Collector's duty to discharge the statutory function assigned to him.

Conclusion: The requirement of hearing under Section 5A was mandatory, and the Collector's failure to afford such hearing and conduct the required inquiry vitiated the declaration under Section 6.

Ratio Decidendi: Where an objection under Section 5A raises factual issues affecting acquisition, the Land Acquisition Collector must give the objector an opportunity of being heard, inquire into the objection, and make a recommendation before the Government proceeds under Section 6.

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