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TMI Blog1970 (4) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the land was taken and delivered over to the Air Force. There was correspondence between the Air Force Authorities and the State of Himachal Pradesh in regard to the land occupied by the Air Force and ultimately on March 31, 1964, a notification under Section 4 of the Land Acquisition Act. 1894, was published notifying that the area of land (including the land of the respondent) was likely to be needed by the State Government for a public purpose. By a composite notification under Section 6 Section 17(1) (4) dated May 16, 1964, 'the State of Himachal Pradesh declared that the land was needed for a public purpose, that since it was required urgent, the enquiry under Section 5-A of the Act was dispensed with, and that possession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clauses Act the State has the power to cancel the notifications at any time, and that Section 48 of the Land Acquisition Act did not trench upon that power. Under the Land Acquisition Act a notification under Section 4 of the Act may be issued by the appropriate Government that any land is needed or is likely to be needed for a public purpose. Unless the inquiry under Section 5-A is dispensed with, any person interested in the land notified may object to the acquisition of the land, or of any land in the locality. On the objections made, the Collector holds an inquiry after giving the objector an opportunity of being heard, and makes a report. The appropriate Government may, if satisfied, after considering the report, if any, of the Collec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment under Section 17(1) of the Act and the land will vest in the Government free from all encumbranches. 5. It is true that the notification issued by the State of Himachal Pradesh under Section 17(1 ) (4) does not recite that the land notified was waste or arable . But it was not contended before the Judicial Commissioner that the Government issued the notification under Section 17(1) (4) without authority. Power under Sub-Sections. (1) (4) of Section 17 may be only exercised when the land is waste or arable, and the Government having issued the notification, it is not be open to them to contend for the first time at this stage that the land of the respondent was not waste or arable and the notifications were unauthorised. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 9(1) and it provides for payment of compensation under Section 48(2) read with Section 48(3). We cannot ... accept the argument that without an order under Section 48(1) the notification under Section 4 must remain outstanding. It can be cancelled at any time by Government under Section 21 of the General Clauses Act and what Section 48(1). If no notice has been issued under possession it cannot withdraw from the acquisition. Before that it may cancel the notification under Sections. 4 and 6 or it may withdraw from the acquisition under Section 48(1). If no notice has been issued under Section 9(1) all that the government has to do is to pay for the damage caused as provided in Section 5; if on the other hand a notice has been issued u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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