The Government's power to drop the inquiry under Section 5-A of the Land Acquisition Act, 1894, under Section 17(4) of the Act is limited to cases where the lands are waste or arable and the Government has formed the opinion that the provisions of Section 17(1) are applicable.

Headnote:
LAND ACQUISITION - SECTION 17(4) - LAND ACQUISITION ACT, 1894 - URGENCY OF ACQUISITION - WASTE OR ARABLE LAND - INTERPRETATION - OPINION OF GOVERNMENT - JUDICIAL REVIEW.
Fact of the Case:

The petitioner challenged a notification issued by the Commissioner, Ahmedabad Division, under Section 4 of the Land Acquisition Act, 1894, notifying the acquisition of two final plots of land for the construction of an office building. The petitioner contended that the notification was invalid as the lands were not waste or arable and, therefore, the provisions of Section 17(4) of the Act, which allowed the Government to drop the inquiry under Section 5-A, were not applicable.
Finding of the Court:

The court held that the lands in question were not waste or arable and, therefore, the Government could not have formed the opinion that the provisions of Section 17(1) were applicable. The court also held that the affidavit filed by the Commissioner, stating that the lands were waste and arable, was unsatisfactory and did not provide sufficient evidence that the Government had formed the necessary opinion.
Issues: 1. Whether the lands in question were waste or arable? 2. Whether the Government had formed the opinion that the provisions of Section 17(1) were applicable? 3. Whether the affidavit filed by the Commissioner was sufficient evidence that the Government had formed the necessary opinion?
Ratio Decidendi: 1. The court interpreted the terms "waste land" and "arable land" and held that the lands in question, which were situated within the Municipal limits and had an excellent situation, could not be considered waste or arable. 2. The court held that the Government could not have formed the opinion that the provisions of Section 17(1) were applicable because the lands were not waste or arable. 3. The court held that the affidavit filed by the Commissioner was unsatisfactory and did not provide sufficient evidence that the Government had formed the necessary opinion.
Final Decision: The court set aside the notification issued by the Commissioner and directed the Government to cancel or withdraw the notification and not to give any effect to it.

JUDGMENT - 1. This is a Special Civil Application challenging a notification issued by the Commissioner, Ahmeda-bad Division; under Section 4 of the Land Acquisition Act, 1894, notifying for acquisition final Plots 160 and 163 of the Town Planning Scheme Ahmedabad No. 3 (Ellis Bridge) from the area of the village Shekhpur-Kanpur comprised in the Ahmedabad City. The petitioner owned both these final plots, but he disposes of final plot No. 160 by donating it to a Public Trust on the 5th May 1959. Both these final plots of land, according to the petitioner, are situate within the limits of the Ahmedabad Municipal Corporation and are valuable pieces of land in the Town Planning Scheme. They have an excellent situation commanding the meeting of four different roads and are on the bank of river Sabarrnati. The public purpose for which they have been notified tor acquisition is the construction of the office building of the Executive Engineer of the Ahmedabad Irrigation Division.

2. By clause 3 of the said notification the Commissioner has directed under Sub-section (4) of section 17 of the Land Acquisition Act that as the acquisition of the lands notified is urgently necessary, the provisions of Section 5-A of the said Act shall not apply in respect of the said lands.

3. The petitioners challenge is directed against this clause of the notification. Several grounds are set up in the petition challenging this clause, but the only ground which is pressed before us is that the lands in the present case are not such as would come within the provisions of Section 17(4) of the Land Acquisition Act, and it is not, therefore, competent for the Commissioner to apply the provisions ot Section 17(4) and direct that the proceedings under Section 5-A of the Act shall be dropped in the present acquisition. It is contended by the petitioner that the notification in so far as it directs that the provisions of Section 5-A shall not apply to the present acquisition proceedings deprives the petitioner of his valuable right to object to the acquisition of the land, of being heard in the enquiry under section 5-A and of satisfying the Acquiring Authority that for a variety of reasons which he can adduce before the said authority, the proposed acquisition should be dropped. The petitioners argument in support of the contention which he has raised in the present application shortly stated is as follows: Section 17(4) of the Land Acquisition Act applies only in the case of a land to which the provisions of Section 17(1) or Section 17(2) are applicable. We are not concerned with Section 17(2) which deals with cases where possession of land is immediately required by a Railway Administration under circumstances as mentioned in the said Sub-section and for purposes as specified therein. Section 17(1), according to the petitioner applies to waste or arable lands Only in urgent cases of acquisition. In other words, the petitioner has argued that in order that Section 17(1) may apply, two conditions must be satisfied. Firstly, there must be urgency of acquisition and secondly the land proposed to be acquired must be either waste or arable land. It is only when these two conditions are satisfied that the acquiring authority is competent to direct under Section 17(4) that the provisions of Section 5-A may be dropped in the case of the proposed acquisition of the land. The petitioner says that his land is neither waste nor arable. He has urged that the land is situated within the limits of the Municipal Corporation of Ahmedabad, has an excellent situation commanding the meeting of four public roads and is on the bank of the river Sabarniati. It abuts on a main 80 feet Road leading to Wadaj Gandhi Ashram and is situated just opposite the Income-tax Office and All India Radio House. According to the petitioner, it is an excellent and valuable building site and the land adjoining it has been only recently sold at a price of Rs. 24.75 nP. per square yard. The petitione

Click Here to Read the rest of this document