Land Acquisition Act, 1894
40.Previous enquiry:-
(1) Such consent shall
not be given unless the appropriate Government be satisfied, {Ins, by Act 38 of
1923, s.9}[either on the report of the Collector under Section 5A, Sub-section
(2), or] by an enquiry held as hereinafter provided,---
{Subs, by Act 16 of
1933, s.3, for the original clauses (a) and (b).}[
(a)
that the purposes of the acquisition is to obtain land for the erection of
dwelling houses for workmen employed by the Company or for the provision of
amenities directly connected therewith, or
(b)
that such acquisition is needed for the construction of some work, and that
such work is likely to prove useful to the public.]
(2) Such enquiry be
held by such officer and at such time and place as the appropriate Government
shall appoint.
(3) Such officer may
summon and enforce the attendance of witnesses and compel the production of
documents by the same means and, as far as possible, in the same manner as is
provided by the {See now the Code of Civil Procedure, 1908 (5 of 1908).} Code
of Civil Procedure in the case of a Civil Court.