9911796707
TMI Blog1996 (9) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 6. The learned single Judge referred the matter to the Division Bench. The Division Bench has held that the acquired land is not an arable or waste land and, therefore, the exercise of the power under Section 17(4) of the Act was bad in law. Substance of the notification under Section 4(1) was not published in the locality. The notification under Section 4(1) did not mention that it was a waste of arable land. On these grounds, the learned Judges have quashed the notification. Thus, this appeal by special leave. Shri Aruneshwar Gupta, learned counsel for the appellants, has contended that the view of the High Court is clearly erroneous. It is not necessary that notification under Section 4(1) should contain a declaration that the needed land is a waste or arable land. The finding that it is neither nor arable land is not correct so long as the land is capable of cultivation. If no cultivation was made it would still be arable land. Therefore, the view that it is neither waste nor arable land is not correct. It is difficult to accept the entire six acres of land which is now claimed by the respondents was within the compound wall as found by the High Court. The view tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that after the reference was made to the Civil Court, it passed an award under Section 26 which was challenged by the State by filing an appeal under Section 54 against the enhanced compensation. Thereby, the respondents had accepted the award. The State feeling aggrieved by the enhanced compensation, filed an appeal in the High Court. The High Court, by judgments dated May 5, 1982 and September 23, 1982, dismissed the appeals which became final. Thus, the acquisition proceedings became final. The question, therefore, as said above, is : whether the High Court is justified in interfering with these matters ? Section 4(10 of the Act does not required to specify the nature of the land, i.e. whether it is arable or waste land. The object of the publication of the notification under Section 4(1) was that (1) the land is needed for a public purpose or is likely to be needed;(2) the officers of the State are authorised to enter upon the land and carry on measurement etc; and (3) the owner/interested person was put on notice that any encumbrance hereafter would not bind State. Therefore, Section 4(1) does not envisage specification of the nature of the land, i.e. whether it is waste o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1967 SC 1801]. In that case, the acquired lands were mineral lands for mining purpose. Therefore, the question arose; whether they were arable lands ? On the facts of this case, the Constitution Bench came to the conclusion that since they were not arable lands, the exercise of the power under Section 17(4) was not justified in law. In view of the fact that the Act itself has considered as to when the land could be considered to be arable land; as explained by this Court, the interpretation put up in Ishwar Lal s case is in the correct perspective. The Court has power t consider the question in that light. In considering the question whether the land is arable or waste, dictionary meaning does not help the Court to solve the problem. Pragmatic approach is required to be adopted in considering the question on the facts in each case. Though the lands in this case situated in urban area, the Urban Land Ceiling Act itself recognises existence of the agricultural lands within the urban agglomeration and they are dealt with accordingly. When the lands were capable of the raising crops, they remained to be arable under Section 17(4) by the Government was not bad in law. On facts, it is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of houses and that construction of some houses had petition was filed. It would be obvious that the question of division of the properties among its members and allotment of the respective plots to them would arise only after the Land Acquisition Officer had taken possession of the acquired land and handed it over to appellant Society. By operation of Section 16, the land stood vested in the State free from all encumbrances. In Satendra Prasad Jain v. State of U.P.[(1993) 4 SCC 369], the question arose: whether notification under Section 4(1) and the declaration under Section 6 gets lapsed if the award is not made within two years as envisaged under Section 11-A? A Bench of three Judges had held that once possession was taken and the land vested in the Government, title to the land so vested in the State is subject only to determination of compensation and to pay the same to owner. Divesting the title to the land statutorily vested in the Government and reverting the same to the owner is not Section 48(1) gives power to withdraw from acquisition that too before possession is taken. That question did not arise in this case. The property under acquisition having been vested in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court was not right in interfering with the discretion exercised by the learned single Judge dismissing the writ petition or the ground of latches. Reliance was placed by Shri Sachar on M.P. Housing Board v. Mohd. Shafi Ors. [(1992) 2 SCC 168] in particular paragraphs 8, wherein it was held that compliance of the requirements is mandatory and noncompliance thereof renders all subsequent proceedings connected therewith unexceptionably illegal ; but the question is what will be its effect. That was not the question in that case, since no award had come to be passed in Nutakki Sesharatanam v. Sub-Collector, L.A., Vijaywada [(1992) 1 SCC 114] a two-Judge Bench of this Court had held that if the requirements of Section 4 are not complied with, all proceedings had become invalid and possession was directed to be re-delivered to the appellant. We are of the view that the ratio therein is not correctly laid down. The question whether violation of the mandatory provisions renders the result of the action as void or voidable has been successfully considered in Administrative Law by H.W.R. Wade [7th Edition] at page 342-43 thus : The truth of the matter is that the court will i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
