Chapter XXXI of the Code of Civil Procedure shall , mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act and iv no person "entitled to act" shall be competent to receive the compensation- money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give a good discharge for the purphase- many on a voluntary sale.
PART II-ACQUISITION Preliminary investigation As to amendments with which this section should be read when land is required for the purposes of a Company, See s.38 2 , infra. A protected monument may be acquired under this Act as if its preservation were a "public purpose" within the meaning of the Act, see s.10 of the Ancient Monuments Preservation Act, 1904 7 of 1904 . 4.Publication of preliminary notification and powers of officers of there upon 1 Whenever it appears to the appropriate Government that land in any locality Ins.by Act.38 of 1923, s.2. is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. 2 Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen.to enter upon and survey and take levels of any land in such locality to dig or bore into the subsoil
to do all other acts necessary to ascerttain whether the land is adapted for such purpose to set out the boundaries of the land proposed to be taken and the intended line of the work if any proposed to be made thereon to mark such levels, boundaries and line by placing marks and cutting trenches' and. where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house unless with the consent of the occupier thereof without previously giving such occupier at least seven days' notice in writing of his intention to do so. 5.Payment for damage -The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue- offecer of the district, and such decision shall be final. Objections Ins.by s.3, ibid. 5 A.Hearing of objections - 1 Any person interested in any land which has been notified under section 4, Sub-section 1 as being needed or likely to be needed for a public purpose or for a Company may, within thirty days after the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be. 2 Every objection under sub-section 1 shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, submit the case for the decision of the appropriate Government, together with the record of the proceedings held by him and a report containing his recommendations on the objections,The decision of the appropriate Government on the objections shall be final. 3 For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act. Declaration of intended acquisition 6.Declaration that land is required for a public purpose - 1 Subject to the provisions of Part VII of this Act , Subs.by Act 38 of 1923, s.4.for "whenever it appears to the L.G." when the appropriate Government is satisfied, after considering the report, if any, made under section 5 A,