2002 (3) TMI 939 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of acquisition proceedings under the Land Acquisition Act.
2. Invocation of urgency clause under Section 17 of the Land Acquisition Act.
3. Allegation of mala fide in the acquisition process.
4. Non-delivery of possession despite court orders.
5. Right of landowners to file objections under Section 5A of the Land Acquisition Act.

Issue-wise Detailed Analysis:

1. Validity of Acquisition Proceedings:
The acquisition proceedings for Premises No. 27/1 and 27/B on Dehi Serampore Road, Calcutta, initiated under the Land Acquisition Act, were challenged multiple times. The initial notification under Section 4 was issued on 17.12.1982, and a declaration under Section 6 followed on 13.12.1989. These proceedings were quashed by the Calcutta High Court, leading to a series of fresh notifications and subsequent legal challenges. The Supreme Court ultimately upheld the validity of the acquisition, stating that the premises were required for the students of the National Medical College, and the urgency for acquisition was evident.

2. Invocation of Urgency Clause under Section 17:
The urgency clause under Section 17(1) and (4) of the Act was invoked by the State Government, allowing them to bypass the usual procedure under Section 5A. The Supreme Court emphasized that the question of urgency is a matter of subjective satisfaction of the Government and is not ordinarily open to judicial scrutiny unless there is evidence of non-application of mind or mala fide. The Court found that the premises were urgently needed for the National Medical College, and the repeated quashing of notifications had caused significant delays, justifying the invocation of the urgency clause.

3. Allegation of Mala Fide in the Acquisition Process:
The Division Bench of the Calcutta High Court had quashed the acquisition on the grounds of mala fide, primarily due to the non-compliance with an earlier court order to deliver possession to the owner. The Supreme Court rejected this conclusion, stating that the purpose of the acquisition was genuine and not a camouflage. The Court held that the mere non-delivery of possession did not constitute mala fide, especially when the premises were needed for a public purpose, and the urgency was clear.

4. Non-Delivery of Possession Despite Court Orders:
The High Court had previously directed the delivery of possession to the owner, which was not complied with. The Supreme Court acknowledged this non-compliance but clarified that it did not invalidate the subsequent acquisition proceedings. The Court emphasized that the urgency for acquiring the premises for the National Medical College justified the actions taken under Section 17, and the non-delivery of possession was not a sufficient ground to annul the acquisition.

5. Right of Landowners to File Objections under Section 5A:
The respondents argued that the invocation of Section 17 deprived them of their valuable right to file objections under Section 5A. The Supreme Court noted that Section 5A provides landowners with an opportunity to object to the acquisition within 30 days of the notification. However, the Court held that the urgency clause under Section 17 could be invoked in cases of grave emergency where immediate possession is required. Given the long-standing occupation of the premises by the Medical College and the repeated legal interventions, the Court found the invocation of Section 17 justified and not illegal.

Conclusion:
The Supreme Court set aside the judgment of the Division Bench of the Calcutta High Court, upheld the validity of the acquisition proceedings, and ruled that the invocation of the urgency clause under Section 17 was justified. The Court concluded that the acquisition was not mala fide and was in accordance with the law, emphasizing the genuine public purpose and the urgency involved. The appeal was allowed, and the acquisition proceedings were deemed lawful.