2021 Supreme(Gau) 510

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PRASANTA KUMAR DEKA, J.
Aar Pee Industries Pvt Ltd and Anr. – Appellant
Versus
The State Of Assam And Ors. – Respondents
WP(C)/2026 of 2017
Decided on : 02-11-2021

Point of Law: In terms of Section 5A, any person interested in any land notified under Section 4(1) may, within 30 days from the date ofpubiication ofthe notification, submit objection in writing against the proposed acquisition of land or of any land in the locality to the Collector. Thereafter, the Collector is required to give the objector an opportunity of being heard either in person or by any person authorized by him or by his pleader.

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 (1)(a) - Act, 1894 - Section 5A ,6(1) ,16,18,11, (3) and 114 - Notification - Land acquisition proceedings - Petitioners challenged entire land acquisition proceedings on ground that same having not been initiated under Act, 1894 respondent authority could not have passed award and acquired land by invoking Section 24 (1)(a) of Act, 2013 - Specific case of petitioners is that till coming into effect of Act, , no steps for initiation of acquisition proceedings under Act, 1894 were taken and as such respondent authority in order to acquire land of petitioner ought to have initiated proceedings under Act, 2013 and passed award - Further, instant acquisition proceedings are liable to be interfered with and set aside and quashed on ground of non-compliance of Section 5A of Act, 1894 as well as non-compliance with limitation period provided in first proviso to Section 6(1) of Act, 1894 - Whether mere publication of notification in official Gazette and paper publications which were carried out in amounts to initiation of land acquisition proceedings in LA case.

Finding of the court: Conditions namely publication of notification in official Gazette at first and causing of public notice of substance of such notification to be given by Collector are required to be satisfied for a valid proceedings - Here also issue is not in respect of initiation of proceedings - On other hand if Court consider decision in Urban Improvement Trust (supra) it was held by Apex Court that notification by Government is required to be published in official Gazette which is a condition precedent for initiation of land acquisition proceedings. - Further in State of Mysore issue was in respect of when notice is complete so far affected persons are concerned and on other hand in it was necessary conditions stipulated for exercise of power of entry by Government Officials over land proposed to be acquired - As such if the ratio of is considered and the intent of the Section 5A being for individual benefit of owner of land, proceedings and/or declaration under Section 6 of LA Act, 1894 requires no interference at stage instead of making a declaration that declaration under Section 6(1) of Act, 1894 to be bad under law and setting aside and quashing proceedings itself - Because as per observation in issue proceeding was initiated - It is also a fact that award was made and possession of land was taken under Section 16 of 1894 Act and land as of now vests in State, so as per ratio in Indore Development Corporation (Supra), possession cannot be reverted back to owners though issue before is not in respect of lapse of proceeding - Declaration as per findings in issue Court not inclined to set aside proceedings inasmuch in my considered opinion and considering overall facts with a pragmatic view writ if issued would be a futile one in long run - However, it would be proper to dispose of Court writ petition which accordingly do, thereby directing respondents more specifically, respondent to take steps in petition filed under Section 18 of Act, 1894 by petitioners and with a further direction to Principal Civil - Court to which reference is made to dispose of said Reference Case as per prevailing of law within a period of six months from date of receipt of reference - Petitioners are also given liberty to accept award as of now without prejudice to their rights in reference court seeking for enhancement of award passed in LA Case .

Result: Writ petition disposed of.