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TMI Blog1988 (9) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... e acquisition, as urged by Mr. Lalit, the learned Counsel appearing on behalf of the appellants in Civil Appeal No. 1193 of 1984, is the non- publication of the substance of the notification under section 4(1) of the Act in the locality of the land sought to be acquired It is true that section 4(1) enjoins that the Collector shall cause public notice of the substance of the notification to be given at convenient places in the locality. It is however, preeminently a question of fact. The allegation of the appellants as to the non-publication of the notification under section 4(1), as made in the writ petition before the High Court, was emphatically denied and disputed in paragraph 8 of the affidavit in opposition affirmed by the Land Acquisition Collector Paragraph 8 reads as follows: 8. In reply to para 8 of the writ petition. it is submitted that the averments of the petitioners are wrong and denied. The publicity of the substance of the notification was made in concerned locality of village PG NO 1054 Dundahera on 6th July, 1981 through Shri Chhattar Singh Chowkidar with loud voice and beating of empty tin. The report exists in Roznamcha Vakyati at Serial No. 519 dated 6.7.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d is rejected. PG NO 1055 The next ground of attack to the acquisition comes from Mr. Kalra, the learned Counsel appearing on behalf of the appellants in Civil Appeals Nos. 572 573 of 1985. It is urged by the learned Counsel that the sole purpose of the acquisition is for a profiteering venture of the Government to acquire land of the helpless farmers at a nominal price of ₹ 10, ₹ 20 or ₹ 50 per square yard and then to resale the same at a high profit. It is submitted that a welfare State should work for the poor and the down-trodden of the society rather than to displace them from their land for the sake of making profit. Our attention has been drawn by the learned Counsel to an application filed in this Court by the Haryana State Industrial Development Corporation (for short HSIDC) praying for impleading it as a party-respondent in these appeals. In this application it has been stated, inter alia, by HSIDC that it plays an important role in the industrialisation of the State by providing concessional finance and offering land at no profit no loss basis along with infra-structure facilities for setting up new industrial units in the State. Further, it is sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... signment or sale, will be object of securing further development. Wanchoo, J. observed as follows: (33). The attack of the petitioners is on the second part of the addition in 1953 which provides for subsequent disposal thereof in whole or in part by lease, assignment, or sale, with the object of securing further development. It is urged that all these words means that after the development envisaged in the first part of the addition the State or the local authority would be free to dispose of the land acquired in whole or in part by lease, assignment or sale, apparently to private persons. This, it is said, means that the State or the local authority would acquire land in the first instance and develop it in the manner already indicated and thereafter make profit by leasing, assigning or selling it to private individuals or bodies. It is also said that the object of securing further development which is the reason for sale or lease etc. is a very vague expression and there is nothing to show what this further development comprises of. (34). It is true that when this part speaks of subsequent disposal thereof in whole or in part by lease, assignment or sale , it is not u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not made within such reasonable time as the State or the local authority may fix, the land will revert to the State or the local authority so that it may again be used for the purpose of further development which was the reason for the acquisition of the land. PG NO 1058 We fail to understand how does the above observation help the contention of the learned Counsel for the appellants that the acquisition has been made by the Government with a motive for profiteering in the guise of development and industrialisation. The observation of Wanchoo, J relates to the definition of Public purpose under section 3(f) of the Act as amended by the Bombay Amendment Act 35 of 1953. The amended provision specifically provides for the disposal of acquired land in whole or in part by lease, assignment or sale, but there is no such provision in the unamended section 3(f) of the Act with which we are concerned. Wanchoo, J overruled the contention as to profiteering by the State or local authority as the amended provision made it very clear that such subsequent disposal of the acquired land will be for the purpose of securing further development. We do not think we are called upon to express ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment through HUDA. The appellants will be awarded the market value of the land as compensation by the Collector. If they are dissatisfied with the award they may ask for references to the District Judge under section 18 of the Act. If they are still aggrieved, they can file appeals to the High Court and, ultimately, may also come to this Court regarding the amount of compensation. The appellants cannot claim compensation beyond the market value of the land. In such circumstances, we fail to understand how does the question of profiteering come in. Even assuming that HUDA has made some profit, that will not in any way affect the public purpose for which the land was acquired and the acquisition will not be liable for any challenge on that ground. As has been already noticed, although the point as to profiteering by the State was pleaded in the writ petitions before the High Court as an abstract point of law, there was no reference to any material in support thereof nor was the point argued at the hearing of the writ petitions. Before us also, no particulars and no facts have been given in the special leave petitions or in the writ petitions or in any affidavit, but the point has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been urged by Mr. Goburdhan, learned Counsel appearing on behalf of the writ petitioners, is similar to that urged by Mr. Lalit in Civil appeal No 1193 of 1984, namely, non-publication of the substance of the notification under section 4(1) of the Act in the locality. This contention need not detain us long, for in the counter-affidavit filed by the Land Acquisition Collector, it has been averred that the substance of the notification was published and out of 22 petitioners 16 filed their objections pursuant to the publication of the notification in the locality. A similar note, as extracted above, appears in all these objections. In the circumstances, there is no substance in the contention of the petitioners that the substance of the notification under section 4(1) of the Act was not published in the locality. Next it is urged on behalf of the petitioners that before starting the proceedings for acquisition, the Government had not applied its mind to its policy decision, as contained in the circular No. 2099-R-III-82/17113 dated 18.5.1982 wherein it has been stated that in the matter of State's need for land for its development activities, utmost restraint should be exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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