Judgement

HIDAYATULLAH, J.: On March 10, 1965, the Government of Gujarat notified under S. 4 of the Land Acquisition Act that certain lands were needed for a public purpose, namely, the construction of the capital of the State at Gandhinagar and that Government was satisfied that they were arable lands . Government further directed under S. 17 (4) of the Act that as the acquisition of the said lands was urgently necessary the provisions of S. 5-A of the Act shall not apply in respect of the lands. A list of the lands was appended to the notification. This notification was followed by another on July 31, 1965 under S. 6 of the Land Acquisition Act and it contained a direction under S. 17 (1) of the Act, enabling the Collector on the expiration of 15 days from the publication of the notice under S. 9 (1) of the Act, to take possession of all arable lands specified in the earlier notification. Both notifications were signed by L. P. Raval, Under Secretary to Government and were shown to be by order and in the name of the Governor of Gujarat.

2. Numerous petitions were filed in the High Court of Gujarat under Art. 226 of the Constitution by the owners of the lands affected by the notifications to challenge the validity of the acquisition. One such petition was numbered Petition No. 1003 of 1965 and it was typical of all the others. The facts in all the petitions were the same, save the details of the lands, and as the contentions were also the same, the High Court pronounced a common judgment applicable to all, on December 2/5, l966 and dismissed them. The High Court, however, granted a certificate under Art. 133 (1) (c) of the Constitution and the present appeals have been brought. Civil Appeal No. 883 of l967 arises from the Special Civil Application No. 1003/65 and the other appeals are in the other petitions. This judgment will accordingly dispose of all the appeals.

3. Before we consider the argument we may see the relevant provisions of the Land Acquisition Act. The scheme of the Act, which entered into force almost seventy-five, years ago, is by now familiar to lawyers and courts and it is not necessary to refer in detail to it. The High Court has painstakingly analysed the provisions already. We shall refer in passing to what is material to the discussion. Acquisition of land under the Act ordinarily begins with a preliminary inquiry; Government notifies first under S. 4 that land in any locality is needed or is likely to be needed for a public purpose. Public notices are also given. This enables the officers of Government to enter upon lands to survey them and also enables persons interested to object to the acquisition generally and also particularly in accordance with the provisions of S. 5-A of the Act. After the objections have been considered and Government has satisfied itself on the report or reports of the collector that a particular land is needed, a second notification is issued under S. 6 that a particular land is needed for the public purpose. This declaration is conclusive evidence that the land is so needed and Government then proceeds to acquire the land. The procedure is detailed in the sections that follow. Under S. 9(1) the Collector causes public notices to be given that Government intends to take possession of the lands and that claim to compensation for all interests in lands shall be made to him. Then commence proceedings for the fixation of compensation with the details of which procedure we are not presently concerned. When these proceedings are completed the Collector makes his award about the true area, the compensation to be allowed, and the apportionment of that compensation among persons known or believed to be interested. When the Collector has made his award (which is made conclusive for certain purposes) S. 16 enables him to take possession of the lands and the lands vest absolutely in Government free from all encumbrances. This is the long procedure under which possession is taken after th