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2011 Supreme(Raj) 1072

[Citation : 2012(2) RLW 998 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Durgadevi Dharmarth Trust Vs. State & Ors. (Rastogi, J.)
HON'BLE AJAY RASTOGI, J.
Durgadevi Dharmarth Trust & Anr.
Versus
State & Ors.
Civil Writ Petition No.385 of 2002 & 8 Others, decided on 14.10.2011

Advocates Appeared
Rajendra Prasad, R.S. Mehta & R.D. Rastogi, & Gaurav Sharma, for Petitioners;
Suresh Pareek, Sr. Advocate with Shanker Lal & Shailesh P. Sharma, for Railway Board;
P.C. Sharma, for Respondents-Union of India;S.N. Kumawat, Addl. Adv. Gen., for Respondents-State;
Bharat Vyas with A.Chhangani and Madhav Mitra, for other Respondents

Headnote:Land Acquisition Act, 1894, Secs. 3, 4 and 6 — Acquisition of land for establishment of Zonal Office of North Western Railway Zone by State Govt. — Competence and scope of words "public purposes" — Held —The acquisition irrespective of whether for purposes of the State or the Union (Railway) being within the legislative competence is also within its executive powers of the State as per expression "appropriate Govt." defined in Sec. 3(ee) of the Land Acquisition Act — The ultimate beneficiaries will be the passenger being public at large of the State, therefore, it comes under "public purpose" u/S. 3(f) of the Act.

       Writ petitions dismissed. (Paras 29, 37)

       Hkwfe vtZu vf/kfu;e] 1894] /kkjk 3] 4 o 6 & mRrj if'peh jsyos {ks= ds fy, {ks=h; dk;kZy; dh LFkkiukFkZ jkT; ljdkj }kjk Hkwfe dk vtZu & ^^yksd iz;kstu** 'kCnksa dh O;kfIr ,oa l{kerk & vfHkfu/kkZfjr & vtZu pkgs jkT; ljdkj ;k dsUnz ¼jsYos½ ljdkj ds iz;kstukFkZ gks] fo/kk;h l{kerk ds vUrxZr gksus ds dkj.k vf/kfu;e dh /kkjk 3¼ee½ esa ifjHkkf"kr ^^leqfpr ljdkj** dh vfHkO;fDr ds vuqlkj jkT; dh dk;Zdkjh 'kfDr;ksa ds rgr Hkh vkrh gS & vfUre ykHkkFkhZ jkT; dh cM+h ek=k esa turk ;k=h ds :i esa gksus ds dkj.k ;g vf/kfu;e dh /kkjk 3¼p½ ds rgr ^^yksd iz;kstu** ds rgr vkrk gSA

       ;kfpdk [kkfjt dhA ¼in la[;k 29] 37½

       

Hon'ble RASTOGI, J.—Two notifications dt.19.8.1997 u/Sec. 4(1) & decalration dt.13.1.1999 made U/s 6 of Land Acquisition Act 1894 ("LA Act") are subject matter of challenge in instant bunch of writ petitions on several grounds; and the controversy since relates to self-same notifications of land acquisition, bunch of petitions were heard together at joint consent, and are being disposed of by present order. It would be necessary to narrate facts in short.

2. In order to improve the Train services in Rajasthan and also to meet expectations of public at large and provide more responsive administration, the Railways authority decided to create a new Zone, (North-Western Railway) with Zonal Head Quarter at Jaipur. In this regard, at one stage, the then Railway Minister requested the then Chief Minister of Rajasthan vide letter dt. 30.9.1996 to provide adequate land for constructing residential quarters of staff members and the Office of North-Western Railway Zone on being established. After a long correspondence having taken place with the State authority for making a suitable land available for establishment of Zonal Office and also for residential quarters of staff members, the Commissioner Jaipur Development Authority pursuant to correspondences with the OSD (North Wester Railway) Jaipur informed the Secretary to Transport Department for initiation of acquisition of the land at Todi-Ramjanipura vide letter dt.28.2.1997 and accordingly, the Secretary to Transport Department informed the Collector, Jaipur vide letter dt.29.3.1997 for initiating the proceedings for acquisition of the land at Todi Ramjanipura and it appears that pursuant to correspondence (supra), Department of Transport, Government of Rajasthan issued the proposed notification dt.19.8.1997 U/s 4(1) of LA Act duly published in Rajasthan Rajpatra dt. 28.8.1997 and in two daily news papers "Rajasthan Patrika" dt.06.9.1997 & "Dainik Navjyoti" dt.07.9.1997 for acquiring different parcel of land in all admeasuring 15.50 hectares of two villages Bindayaka & Todi Ramjanipura (Jaipur district) for establishing office & construction of North-Western Railway Zone in Jaipur and staff quarters. Local publication was also made on 10.4.1998 and vide notification dt. 19.8.1997, State Govt. authorised SDO-II/Land Acquisition Officer/Collector, Jaipur & subordinate thereto to enter into the land for the purposes stated therein.

3. The notification recited that the land under acquisition is likely to be needed for public purposes for establishment of Zonal Office of North-Western Railway Zone and for construction of residential quarters for the staff members. As a result of notification U/s 4(1) of LA Act, objections were invited U/s 5A from the persons whosoever considered to be interested and submitted objections which were entertained; taking note thereof & after inquiry U/s 5A of LA Act, report was submitted by Land Acquisition Officer ("LAO") on 11.8.1998 and consequently a declaration was made by appropriate Government U/s 6 on 13.1.1999 which was published in Official Gazette on 21.1.1999 and the Sub Divisional Officer Jaipur was authorised to acquire the land. But it is admitted that the land was acquired for the construction of staff quarter for North-Western Railway Zone.

4. After declaration being made, public notices U/s 9 were issued by LAO notifying to the persons interested at convenient places in the said locality in regard to the intent of appropriate Government to take possession of the land and taking note of objections submitted, the Award came to be passed by land Acquisition Officer on 21.3.2011. Both the notifications issued U/s 4(1) & consequential declaration made U/s 6 of LA Act and so also Award dt.21.3.2011 are subject matter of challenge in instant bunch of petitions.

5. These petitions are being contested by the respondents, State Govt, its local authorities & Railway Board besides private respondents on being impleaded as party respondents in few of petiti











































































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