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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAJIV SHARMA, J.
Kanti Swaroop Mehta – Petitioner
Versus
State of Himachal Pradesh and Others – Respondents
C.W.P. No. 2356 of 2009
Decided On : 14.9.2015
Land Acquisition - Sewerage Treatment Plant - Land Acquisition Act, 1894 - Sections 4, 6, 7, 9, 11, 11-A, 16, 17, 48 - The court allowed the writ petition, quashed the de-notification of land, and directed the approval of the draft award within two months.
Fact of the Case:
The petitioner's land was sought to be acquired for the construction of a sewerage treatment plant. The land acquisition process was initiated, possession was taken, and a draft award was prepared. However, the land was later de-notified by the State Government.
Finding of the Court:
The court found that the possession of the land had been taken, and the land acquisition proceedings had not lapsed. It held that the de-notification of the land was unjustified and directed the approval of the draft award.
Issues: The issues included the validity of the de-notification of the land, the possession of the land, and the applicability of the Land Acquisition Act provisions.
Ratio Decidendi: The court relied on legal principles established by various Supreme Court judgments, emphasizing that once possession of the land is taken, the land vests in the Government, and the Government cannot withdraw from the acquisition. It also highlighted the importance of following the procedures outlined in the Land Acquisition Act.
Final Decision: The court allowed the writ petition, quashed the de-notification of the land, and directed the approval of the draft award within two months.
RAJIV SHARMA, J.
1. C.W.P. No. 2356 of 2009 was allowed by this Court vide judgment dated 24.10.2011. Respondent-State filed an LPA against the judgment dated 24.10.2011 bearing LPA No. 102 of 2012. The LPA was allowed by the Division Bench of this Court on 23.4.2014 and the matter was remanded back to this court. According to the observation made by the Division Bench, the Writ Court has not decided all the objections raised by the State including factum of possession. The petition was heard afresh.
2. Key facts necessary for the adjudication of this petition are that respondent No. 2 sent a communication to respondent No. 3 on 24.4.2003 regarding providing road to sewerage treatment plant at Solan. Respondent No. 3 was requested to prepare documents under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act” for brevity sake) so that the land could be acquired for the public purpose. The Assistant Engineer I & PH, Sub Division, Solan sent a communication to the Land Acquisition Officer, Public Works Department, Solan on 23.06.2004 requesting him to prepare the papers under sections 6 and 7 as per Jamabandi for land comprised in 7/8 Khewat-Khatauni No. Khasra No. 1. Respondent No. 2 again sent a communication to respondent No. 3 on 16.7.2004 to prepare the documents under sections 4, 6 and 7 of the Act. The petitioner is owner of plot, measuring 15 bighas and 4 biswas, comprised in Khasra No. 341/3 entered at Khewat No. 30, Khatauni No. 31 min, situated at Mauja Shamti, Pargna Keontan-I, Tehsil and District Solan, H.P. Notification under section 4 of the Act was issued for the construction of road of sewerage treatment plant at Solan on 7.2.2005. It was duly published in two daily newspapers i.e. Punjab Kesri and Divya Himachal on 15.3.2005. It was also got published in Rajpatra on 26.2.2005. It was also given wide publicity through Tehsildar Solan on 15.3.2005 vide report No. 493. A report under Section 5-A (2) was submitted to the Executive Engineer, I & PH, Solan by respondent No. 3 on 13.4.2005 alongwith draft notification under Sections 6 and 7 of the Act. The State Government after receiving report under Sections 5-A (2) of the Act issued notifications under Sections 6 and 7 on 8.9.2005 for acquiring 4-12 bighas of land situated in village Shamti Tehsil and District Solan for the construction of Sewerage Treatment Plant. These notifications were also published in two daily newspapers, i.e. Ajit Samachar and Divya Himachal on 30.10.2005. It was also published in the H.P. Rajpatra on 24.9.2005. Wide publicity was also given to the same through concerned Tehsildar Solan on 10.10.2005 vide report No. 103. Land measuring 4-12 bigha was demarcated by the Field Agency and it was checked by the Naib Tehsildar, LAO Office Solan in the presence of right holders and nominees of the department on 24.11.2005. Their statements were also recorded on the spot. The inquiry under Section 9 of the Land Acquisition Act was conducted on 7.12.2005 in the office of respondent No. 3. The District Collector, Solan vide order dated 25.11.2005, has approved the rates of Rs. 26981.49 paisa per biswa of Ghasni Kisam on the basis of sale transactions recorded before the issuance of notification under Section 4 of the Act. The draft award was made by respondent No. 3 on 17.1.2006. Respondent No. 3 has determined Rs. 35,19,965/- as amount of compensation for acquiring the land as mentioned hereinabove.
3. The proposed award was sent to the Principal Secretary (I & PH) on 17.1.2006 vide Annexure P-8. The announcement of award was fixed as 31.1.2006. Respondent No. 3 sent a communication to the Land Acquisition Officer on 11.9.2007 for de-notification of Khasra numbers of the land as per the details given in the communication. Thereafter, vide notification dated 9.10.2007, the land was de-notified whereby the land was to be acquired for construction of Sewerage treatment plant. The same was also published in Hindustan
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