2009 Supreme(Raj) 2526
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Govind Mathur, J.
Income Parts Pvt. Ltd. and Others - Appellant
Versus
State of Rajasthan and Others - Respondent
S.B. Civil Writ Petition Nos. 9606 of 2008, 6172 of 2009, 6595 of 2009.
Decided On : 4-12-2009
For the Petitioners:R.K. Mathur and Adtiya Mathur, Advocates.
For the State of Rajasthan:G.S. Bapna, Advocate General with V. Garg, Advocate.
For the Respondent No. 2:Ajeet Bhandari, Advocate.
The opportunity of hearing is a fundamental principle of natural justice and is required to be given before a decision is taken that affects the rights of a person.
Headnote:
LAND ACQUISITION - NOTIFICATION - DECLARATION - AWARD - WRIT PETITION - CHALLENGING VALIDITY - LAND ACQUISITION ACT, 1894 - SECTIONS 4, 5A, 6, 9, 11 - INTERPRETATION - PUBLIC HEARING - OPPORTUNITY OF HEARING - JUDICIAL DISCIPLINE - UNIFORMITY IN SIMILAR MATTERS.
Fact of the Case:
Petitioners challenged the validity of a notification issued under Section 4 of the Land Acquisition Act, 1894, a declaration made under Section 6, and an award declared under Section 11 of the Act. They sought to quash the award and de-acquire their land from the acquisition proceedings.
Finding of the Court:
The court found that the petitioners were not given an opportunity of hearing as required under Section 5A(2) of the Act before the declaration was made under Section 6. The court also found that the award was declared after the declaration was quashed by the court in similar matters.
Issues: 1. Whether the petitioners were given an opportunity of hearing as required under Section 5A(2) of the Act before the declaration was made under Section 6? 2. Whether the award was declared after the declaration was quashed by the court in similar matters?
Ratio Decidendi: The court held that the petitioners were not given an opportunity of hearing as required under Section 5A(2) of the Act before the declaration was made under Section 6. The court also held that the award was declared after the declaration was quashed by the court in similar matters. The court relied on its earlier judgment in similar matters, where it had held that the declaration and award were invalid due to lack of opportunity of hearing.
Final Decision: The court allowed the petitions and quashed the declaration and award. The court directed the State to proceed further in pursuance of the notification under Section 4 of the Act after affording an opportunity of hearing to the petitioners in terms of Section 5A(2) of the Act.
JUDGMENT
1. - These petitions for writ are preferred to assail validity of the notification dated 25.7.2006 issued by the State Government under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as "the Act of 1894") and also the declaration dated 6.8.2007 made under Section 6 of the Act of 1894. A prayer is also made to quash the award dated 10.7.2008 declared as a consequent to land acquisition proceedings held in pursuant to the notifications referred above. A direction is also sought to de-acquire the land under khatedari of the petitioners from the acquisition proceedings.
2. The facts necessary to be noticed for adjudication of present petitions are that respondent (RIICO) had established an Industrial area situated in Bhiwadi (district Alwar) for which, hundreds of applications seeking allotment of industrial area were filed by persons interested in establishing industries in Bhiwadi, which were pending consideration; so taking note of large public interest to get investments in the State and to provide opportunity c f employment to people, a proposal was sent by respondent (RIICO) to the State Government on 06.07.2006 for development of industrial area in three revenue villages (1) Khijarpur-Bilahera, (2) Kahrani and (3) Mundana of Tehsil Tijara, district Alwar. Taking note whereof, appropriate Govt. issued preliminary notification dated 25.7.2006 U/s 4 of the Act which was published in Rajasthan Gazette dated 28.7.2006 while in daily news papers Rajasthan Patrika & Sandhya Jyoti Darpan dated 30.7.2006; and substance of notification was also affixed at conspicuous places in the locality as alleged by respondents on 8.8.2006 intending to acquire land measuring 483.84 hectares; which has seriously been disputed by petitioners and would be considered in later part of this judgment. However, by publication of notification u/S 4 of the Act, objections were invited from persons interested - in pursuance whereof, 141 objectors claiming themselves as persons interested in the land sought to be acquired u/S. 4(1) for public purposes submitted their objections within time stipulated u/S. 5A(1). After more than ten months, notice was published in daily newspaper, Alwar Dainik Bhaskar dated 24.6.2007 at the instance of Regional Manager RIICO that public hearing in regard to proceedings initiated for acquisition of the land measuring 483.84 hectares would take place on 25.6.2007 in the office of RIICO, Camp at Bhiwadi and persons/objectors who filed their objections to acquisition proceedings may appear in course of public hearing on 25.6.2007 in between 10 A.M. to 5 PM.
3. However, Land Acquisition Officer ("LAO") in order sheet of 25.6.2007 recorded that objections were submitted by persons interested during public hearing provided u/S. 5A(2) and after holding further inquiry, submitted report dated 24.7.2007 recommending acquisition of proposed land notified u/S. 4(1) of the Act except for some area where temples, mosque & Gurdwara besides large number of houses were situated, which the RIICO, itself declined for acquisition.
4. After considering recommendations made by LAO, State Government made declaration u/S. 6 of the Act on 6.8.2007 for the land measuring 470.0067 hectares, which was published in Rajasthan Gazette dated 10.8.2007 and so also in daily newspapers-Rajasthan Patrika & Arun Prabha on 9.8.2007, whereas declaration was affixed at conspicuous places of locality on 16.8.2007.
5. The LAO after issuance of notice to persons interested u/S. 9 of the Act, sent the Award to the State Government for its approval on 13.6.2008 and taking note whereof on 10.7.2008., State Government approved the Award for compensation made by LAO for Rs. 4,79,49,35,512/- and on the date of its approval by State Government, the LAO issued notification dated 8.8.2007.
6. These petitions for writ were admitted by this Court and as an interim measure the respondents were directed not to dispossess the petitioners from the land in d
Click Here to Read the rest of this document
Back
