IMPORTANT POINT
Setting up the North-Western Railway Zonal Complex at Jaipur, would lead to better administration for the Railways, and in that sense it would serve the purpose of the Union. Additionally, it would improve train services in Rajasthan and would accordingly meet the expectations of public and private entities of the area. This would serve the purpose of the State. The situation in hand can be described as one wherein the public purpose is "… a general public purpose…" which is neither exclusively relatable to the Central Government and/or fully relatable to the State Government.

Headnote:(a) Constitution of India, 1950- Article 73- On a subject regulated by legislation, executive power has to be exercised in consonance with the enacted legislation- The procedure contemplated under the Acquisition Act, is liable to be followed in matters pertaining to governmental acquisitions, of private land. (Para 33, 34)
        (b) Constitution of India, 1950- Article 300A- Even if the lands of the appellants were to be acquired for a public purpose, the same could have been done only by following the procedure established by law- The term ’appropriate Government’ in Sections 4 and 6 of the Acquisition Act was rightfully relatable to the Government of Rajasthan- Instant acquisition process, was in accordance with law- As such, the appellants cannot be stated to have been deprived of their lands/property, without the authority of law. (Para 48)
        (c) Constitution of India, 1950- Seventh Schedule - Union List entry 33 State List entry 36 and Concurrent List entry 42- Constitution vests superiority in enactments made by the Parliament, on subjects enumerated in list III, of the Seventh Schedule (in case of conflict between the legislations enacted by the Parliament and the State Legislatures)- Hithertobefore, the jurisdiction of Parliament (and consequently of the Union executive), would extend only to acquisition of land/properties for purposes of the Union- Consequent upon the Constitution (Seventh Amendment) Act, 1956, the jurisdictional limitations on the subject of acquisition would emerge from a valid legislation made under entry 42 (in list III of the Seventh Schedule). (Para 32, 37)
        (d) Constitution of India, 1950- Article 258- Power of the Union to confer powers, etc, on States-
        (e) General Clauses Act, 1897- Section 3(8)(b)- Onus rested on the Railways, and alternatively on the Government of Rajasthan, to establish that the delegation of power for acquiring the land had actually been ordered by the President of India. (Para 30)
        (f) Land Acquisition Act, 1894- Section 3(ee)- Acquisition of land for the Union- The words engaged to express the jurisdiction of the State executive, are extremely wide, so as to accommodate all acquisitions which are not entirely "for purposes of the Union". (Para 39)
        (g) Land Acquisition Act, 1894- Sections 4 and 6- lay down mandatory procedural provisions, which require to be followed in letter and spirit, in matters pertaining to acquisition of private lands- Sections 4 and 6 lay down mandatory procedural provisions, which require to be followed in letter and spirit, in matters pertaining to acquisition of private lands. (Para 34)
        (h) Land Acquisition Act, 1894- Section 4, 7, 11(1) - "Appropriate Government’s" - Public purpose may be relatable to the Central Government, alternatively, it may be relatable to the State Government- Besides the aforesaid two alternatives, there is also a third alternative, namely, a situation wherein the public purpose is a general public purpose, which is neither exclusively relatable to the Central Government and/or fully relatable to the State Government. (Para 23, 42)
        (i) Land Acquisition Act, 1894- Section 4- "… a general public purpose…" - Setting up the North-Western Railway Zonal Complex at Jaipur, would lead to better administration for the Railways, and in that sense it would serve the purpose of the Union- Additionally, it would improve train services in Rajasthan and would accordingly meet the expectations of public and private entities of the area- This would serve the purpose of the State- The situation in hand can be described as one wherein the public purpose is "… a general public purpose…" which is neither exclusively relatable to the Central Government and/or fully relatable to the State Government. (Para 44)
        (j) Land Acquisition Act, 1894- Section 4-Acquisition was vitiated by fraud- The leaving out the land between the two blocks of acquired land, and further that, the choice of acquisition of the appellants’ land to the exclusion of the land left out of acquisition, was not, in facts of the case , vitiated for reasons of fraud, mala fides, arbitrariness or discrimination. (Para 54, 55)
        (k) Land Acquisition Act, 1894- Section 5A- Objections invited under- Nomination of the Collector by the State Government, when the land was being acquired for the benefit of the Railways. (Para 42)
        (l) Land Acquisition Act, 1894- Section 6- declaration under-. If the purpose of acquisition is exclusively for the Union, then the Union/Central Government will have the exclusive jurisdiction to acquire the land- If the purpose of acquisition is exclusively for a State, then the concerned State Government will have the exclusive jurisdiction to acquire the land- And if the purpose of acquisition is, "a general public purpose" (i.e., a purpose which is neither exclusively relatable to the Central Government and/or fully relatable to the State Government), yet again, the concerned State Government will have the exclusive jurisdiction to acquire the land. (Para 17, 42)
        (m) Rajasthan Tenancy Act, 1955- Section 42A - Transfer of agricultural land for non- agricultural purposes is against the provisions- Any constructions made by persons other than Khatedars on the land illegal- Therefore compensation for the illegal construction is not proper (Para 16)
        (n) Rajasthan Land Revenue Act, 1956- Section 90A- Transfer of agricultural land for non- agricultural purposes is against the provisions. (Para 16)
        (o) Registration Act, 1963- Section 17- Any immoveable property of value more than Rs.100/- is required to be registered compulsorily- Any transfer of possession by unregistered document is not valid- Transfer by way of agreement to the housing society cannot be recognized- And subsequent transfer of possessionto the plot holders is illegal. (Para 16)
        (p) Government of India (Allocation of Business) Rules, 1961-
        (q) Government of India (Transaction of Business) Rules, 1961- Rules 3 and 4- Application does not arise for consideration in the facts and circumstances of this case (Para 50)
       Facts of the case:
        15.50 hectares of land was required to establish a zonal office of the North Western Railways and for raising residential quarters for Railway staff. The societies have allotted the land to the plot holders/members from 1981 to 1983 and most of the members have constructed houses before the acquisition proceedings. The notification under section 4 of the Land Acquisition Act, 1894 was issued by the Government of Rajasthan. It was contended that the notification to acquire land for the Railways could have only been issued by the Central Government.
       Findings of the Court :
        An acquisition may not be exclusively for purposes relatable to the Union, or entirely for purposes relatable to a State. The complex and multifarious public activities which the executive has to cater to may not fall in the exclusive domain of either the Union or the State. Causes with duality of purpose, would also fall in the realm of the third purpose expressed by the Constitution Bench referred to above as "…a general public purpose …". In case of the first contemplated purpose referred to above, the Union executive would have the absolute and unencumbered jurisdiction, as per the definition of the expression "appropriate Government" in Section 3(ee) of the Acquisition Act. For the remaining two purposes, the State executive would have jurisdiction.
       Result : Appeals dismissed.

JUDGMENT

Jagdish Singh Khehar

1. The instant common order will dispose of the following matters:-

(i) Rajendra Nagar Adarsh Grah Nirman Sahkari Samiti Ltd. vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 4722 of 2012);

(ii) Yogesh Chand Arora vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 4874 of 2012);

(iii) Durga Devi Dharmarth Trust & Anr. vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 5041 of 2012);

(iv) Naresh Chand Arora vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 5089 of 2012);

(v) Madrampura Grih Nirman Sahkari Samiti Ltd. & Ors.vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 5206 of 2012);

(vi) Yashmeen Abrar vs. Union of India & Ors., Civil Appeal arising out of SLP (C) No. 12072 of 2012);

(vii) Sunita Rathi & Ors. vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 21205 of 2012);

(viii) Arjun Nagar Vikas Samiti through its President Vimla Verma vs. State of Rajasthan & Ors., Civil Appeal arising out of SLP (C) No. 21226 of 2012);

2. Leave granted in all the matters.

3. Insofar as the instant judgment is concerned, Rajendra Nagar Adarsh Grah Nirman Sahkari Samiti Ltd. vs. State of Rajasthan & Ors. (i.e., the Civil Appeal arising out of SLP (C) No. 4722 of 2012 shall be treated as the lead case. The factual narration recorded herein, shall be based on the pleadings thereof. However, in situations wherein, during the course of hearing, reference has been made to pleadings from other cases, the same will also be adverted to.

4. The appellants herein are all land losers. Their lands were acquired for establishing a zonal office complex, and residential quarters for Railway staff, for the North Western Railway Zone, at Jaipur in the State of Rajasthan.

5. The sequence of facts commencing from the initiation, and leading to the finalization of the acquisition proceedings, are of pointed significance, in the present controversy. As such, all the relevant factual details, are being narrated hereunder, first of all.

6. On 15.11.1996, the Officer on Special Duty, North Western Railway, posted at Jaipur, addressed a communication to the Commissioner, Jaipur Development Authority, Jaipur, indicating that 26 bighas of Government land was available in front of the Getor Jagatpura railway station. It was pointed out, that the aforesaid land had been allotted to the Scouts & Guides Organization. It was submitted, that the said land was ideally located, and could be effectively put to use for establishing the required infrastructure for the North Western Railway Zone complex, at Jaipur. It was accordingly requested, that the said Government land be transferred to the Railways. A relevant extract of the aforesaid letter is reproduced hereunder:-

“As you are aware, the new North-Western Railway Zone has been set up with headquarters at Jaipur.

The actual requirements of land for setting up of the Zonal office and Quarters at Jaipur is being worked out which may take some time, but in any case adequate railway land is not available at Jaipur for the purpose.

It is understood that 26 Bighas of land of the State Government to allotted to Scouts & Guides Organization is available in front of Getor Jagatpura Railway Station. This is an ideal location for use by the North-Western Railway and it is requested that this land may be transferred to Railway early for immediate use. Further requirements of land will be indicated to the State Government in due course.” (emphasis is ours)

The first communication on the record of the case, relating to the requirement of land for setting up the North Western Railway Zone Complex, reveals the desire (of the Railways), that vacant Government land be transferred by the State Government, to the Railways. At this juncture, one would notice, that there is no thought about acquiring land for the Railways.

7. Following the aforesaid communication dated 15.11.1996, the Officer on Special Duty

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