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1982 Supreme(Raj) 47
High Court Of Rajasthan
Judgename : K.S.Sidhu
DHANNI - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Civil Writ Petn. 1160 Of 1980
Decided On : 03/22/1982
Ajeet Bhandari, JAGDEEP DHANKAR, PARAS KUHAD
The State Government must apply its mind as to whether the land in question is waste or arable land, as required by Section 17(1) of the Rajasthan Land Acquisition Act, 1953, before issuing a notification under Section 17(4) of the Act dispensing with compliance with the requirements of Section 5-A of the Act.
Headnote:
LAND ACQUISITION - NOTIFICATION - URGENCY - WASTE OR ARABLE LAND - OPINION OF STATE GOVERNMENT - JUDICIAL REVIEW - RAJASTHAN LAND ACQUISITION ACT, 1953 (RAJASTHAN ACT 24 OF 1953), SECTIONS 4, 5-A, 17(1), 17(4).
Fact of the Case:
The State Government of Rajasthan issued a notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953, declaring that certain land was needed for a public purpose and authorizing the Tehsildar to survey the land. Subsequently, the State Government issued a second notification under Section 17(4) of the Act, directing that the provisions of Section 5-A of the Act shall not apply to the notified land and making a declaration under Section 6 of the Act that the land was needed for a public purpose. The Land Acquisition Collector issued a notice under Section 9 of the Act, stating that he intended to take possession of the notified land after a certain date. The petitioners, who were the owners of the notified land, filed writ petitions challenging the legality of the acquisition proceedings.
Finding of the Court:
The Court held that the State Government did not apply its mind as to whether the land in question was waste or arable land, as required by Section 17(1) of the Act. The Court also held that the impugned notification was a composite one covering the land in all the five writ petitions, including the land of Writ Petitions Nos. 1039 and 1040 of 1980, which was admittedly not waste or arable. Therefore, the entire notification had to be struck down, as it was not open to the court to regard the notification as partly good and partly bad.
Issues: 1. Whether the State Government applied its mind as to whether the land in question was waste or arable land, as required by Section 17(1) of the Act? 2. Whether the impugned notification was a composite one covering the land in all the five writ petitions, including the land of Writ Petitions Nos. 1039 and 1040 of 1980, which was admittedly not waste or arable?
Ratio Decidendi: 1. The formation of opinion under Section 17(1) read with Section 17(4) of the Act is a subjective matter, and a court will not normally enquire whether there was sufficient ground or justification for the opinion formed by the State Government under Section 17(4). 2. However, the formation of opinion can still be challenged as ultra vires in a court of law if it could be shown (i) that the State Government never applied its mind as to whether the land is waste or arable or (ii) that the action of the State Government is mala fide. 3. If only a part of the land is waste or arable and the rest is not, a notification under Section 17(4) dispensing with compliance with the requirements of Section 5-A would be invalid.
Final Decision: The Court quashed the impugned notification dated March 19, 1980, and the notices issued to the petitioners on June 17, 1980. The State Government was restrained from interfering with the petitioners' possession of the notified land.
K. S. SIDHU, J.
( 1 ) THIS judgment deal with the five connected writ petitions listed above. These petitions came to be instituted in the following circumstances.
( 2 ) ON September 17, 1979, the State Government of Rajasthan in exercise at its powers conferred by Sub-section (1) of Section 4 of the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953), which will hereafter be shortly referred to as the Act, issued a notification (annexure R. 1/1) that land com- prised in Khasra number 60/1, measuring 15 bigha 6 biswa belonging to Dhani and another, khasra number 60/2, measuring 2 bigha 18 biswa, belonging to Girdhari Das (both Dhani and Gird-hari Das being joint petitioners in writ petition No. 1038/1980), khasra number 61/2, measuring 34 bigha 11 biswa. belonging to Kesar Dev. Nannu Ram Hari Parsad and Mala Ram (Joint petitioners in writ petition No. 1039/1980), khasra number 62, measuring 13 bigha 12 biswa, belonging to Fatma, Faizu Khan and Moinuddeen (joint petitioners in writ petition No. 1040 of 1980), khasra number 52/1/2/3, measuring 23 bigha 10 biswa, khasra number 52/1/2/4, measuring 6 bigha 10 biswa belonging to Kajod, Ghanshyam, Mangla and Madan (joint petitioners in writ petition No. 1160 of 1980) and khasra number 63, measuring 9 bigha 19 biswa, belonging to Rabiyan and Shiva (joint petitioners in writ petition No. 1161 of 1980) situate in the area of Devipura, Tehsil and District Sikar, was likely to be needed for a public purpose, namely for the Rajasthan State Industrial Development and Investment Corporation. The State Government required and authorised the Tehsildar, Sikar, an officer subordinate to it, to enter the said land and survey it and do all other acts necessary to ascertain whether the said land is suitable for such public purpose. Subsequently on March 19, 1980, the State Government in the purported exercise of its powers under Sub-section (4) of Section 17 of the Act issued second notification (see Annexure II) directing that provisions of Section 5-A of the Act shall not apply to the notified land. By the same notification, the Government made a declaration under Section 6 of the Act that the notified land was needed for a public purpose and directed the Land Acquisition Collector, Sikar, to take action for the acquisition of the said land. The Government simultaneously directed the Land Acquisition Collector Sikar under Sub-Section (1) of Section 17 to take possession of the notified land within fifteen days of the publication of the notice mentioned in Sub-section (1) of Section 9. On June 17, 1980, the Land Acquisition Collector, Sikar, issued a notice under Section 9 to the effect that he intended to take possession of the notified land after July 3, 1980, and that claims to compensation for all interests in such land may be made to him by that date.
( 3 ) THESE writ petitions were filed between July 7 and 24, 1980, for certiorari quashing the notification, dated, March 19, 1980, and the notices to different sets of petitioners issued on June 17, 1980, as mentioned above, and for mandamus restraining the Government and its officers (respondents 1, 2 and 3, respectively) from interfering with the petitioners possession over the notified land. The Rajasthan Industrial Development and Investment Corporation for whom this land is being acquired was impleaded as respondent 4 in all the five writ petitions on its own motion through an application, dated, January 3, 1981, allowed by this Court, vide order dated Feb. 25, 1981.
( 4 ) THE petitioners have raised a number of grounds, challenging the legality of the acquisition proceedings of their land. The grounds which were pressed during his arguments by Mr. Jagdeep Dhankar, learned counsel for the petitioners, may be enumerated here as follows : (i) Notice to the petitioners, as required under Section 4 (5) (i) and public notice as required under Section 4 (5) (ii) of the Act, were not given by the Collector. Such notices ar
