2008 Supreme(Bom) 1148

Mh.L.J. 2009(1) 241
R.M.S. Khandeparkar and R. S. Mohite, JJ.
RAMDAS THANU DESSAI and others - Petitioners.
Versus
STATE OF GOA and others - Respondents.
W. P. No. 323 of 2006
Decided on 13-8-2008. (Panaji-Goa)

Headnote:Constitution of India, 1950 - Article 226-Acquisition of land-Challenge of.-Once it is not in dispute that the acquisition proceedings for the Union’s purpose are initiated by the State Government and we having arrived at the finding that the State Government lacks the authority or jurisdiction to initiate the acquisition proceedings for the Union’s purpose taking into consideration the provisions of law applicable to such circumstances, question of dealing with any other ground challenging the acquisition in question does not arise at all. If initiation of the proceedings is itself bad in law on account of lack of authority to the State Government to initiate the acquisition proceedings, it relates to lack of jurisdiction to initiate the acquisition proceedings and, therefore, question of dealing with the other issues does net arise at all.

       Constitution of India, 1950 - Article 258-Land Acquisition Act, 1894, Sections 4 and 6-Acquisition of land-For Union’s purpose and at cost of Central Government.-The acquisition of the land is for the Unions purpose and at the cost of the Central Government, the process of acquisition was sought to be initiated by publication of notification under Section 4 of the said Act by the State Government claiming to be the appropriate Government. As the law stands, the acquisition for the Union’s purpose cannot be initiated by the State Government unless there is specific delegation of power in that regard and in the case in hand there has been no such delegation. Hence, as rightly submitted on behalf of the petitioners, the notification under Section 4 and the declaration under Section 6 in relation to the land in question by the State Government is bad in law and is liable to be struck down.

       Land Acquisition Act, 1894 - Section 3(ee)-Construction of railway line and cargo handling terminal-Acquisition of land for Union of India.-The acquisition is for the South Western Railways for the purpose of construction of railway line and cargo handling terminal at Shelvona, and the entire acquisition cost would be borne by the respondent Nos. 2 and 5, it obviously means that the acquisition is for the Union and, therefore, such acquisition has to be by the Central Government who is the appropriate Government for initiating such action.

       In spite of the fact that the land is sought to be acquired for the Union, it is undisputed fact that the State Government claims to be the appropriate Government in respect of the acquisition proceedings in question. Obviously, it is without any authority to be the appropriate Government for the purpose of such acquisition. Therefore, the notification and the declaration are to be held as bad in law.

       Land Acquisition Act, 1894 - Section 4-Notification under-Specification of purpose in notification.-The appropriate Government under Section 4 read with Section 3(ee) is that Government which takes decision to acquire the land for its purpose. In the case in hand, once it is not in dispute that pursuant to the proposal by the State Government it was the decision of the Union and its Department of Railways to acquire a particular land for construction of the terminal to be constructed and maintained by the respondent Nos. 2 and 5, it cannot, in the same breath, be said that the acquisition is also for any other purpose. The purpose of acquisition is clearly specified in the notification. Once a particular purpose is specified in the said notification, it cannot bet sought to be stated by way of an affidavit that the real purpose is something different from the one disclosed in the notification nor such additional benefits which may accrue on account of acquisition of land to the residents of the locality could be said to be the purpose for which the land is sought to be acquired.

       Constitution of India, 1950 - Article 226-Land Acquisition Act, 1894, Section 4 and 6-Writ petition- Challenge Land Acquisition proceedings initiated under Land Acquisition Act- Land acquisition for public purpose- Land being acquired for Union of India- Acquisition to be by Central Government an appropriate Government for initiating acquisition proceedings-Notification and declaration issued under Section 4 and 6 of L.A. Act by State Government bad in law-Acquisition for Union’s purpose cannot be initiated by State Government on account of lack of jurisdiction or Authority-Writ petition allowed- Notification under Section 4 as well as declaration under Section 6 of L.A. Act in question quashed.

       Land Acquisition Act, 1894 - Section 3(ee) - Construction of railway line and cargo handling terminal - Acquisition of land for Union of India. - The acquisition is for the South Western Railways for the purpose of construction of railway line and cargo handling terminal at Shelvona, and the entire acquisition cost would be borne by the respondent Nos. 2 and 5, it obviously means that the acquisition is for the Union and, therefore, such acquisition has to be by the Central Government who is the appropriate Government for initiating such action.