Acquisition of land requires payment of compensation to be valid; without it, the acquisition is void ab initio.

JUDGMENT :

The instant writ petition has been filed, inter alia, for quashing of the order dated 08.07.2022 passed by the 2^nd Respondent (Deputy Commissioner, Ranchi) in Misc. Case No. 8 R28/2018-19; wherein the land situated within Mouza Siram in the District of Ranchi appertaining to Municipal Survey Plot No. 851 admeasuring at area of 3.75 acres and the land appertaining to Municipal Survey Plot No. 908 admeasuring an area of 1.657 acres (hereinafter referred to as the scheduled property/property forming subject matter of the instant application), has been released in favour of 3^rd & 4^th Respondents; on the ground that the impugned order has been passed in contravention to the Section 6(2) of the Requisitioning and Acquisition of immovable Property Act, 1952 read with Rule 7 of the Requisition and Acquisition of Immovable Property Rules, 1953.

2. Mr. Anil Kumar, the Ld. Additional Solicitor General of India, appearing for the Petitioner submits that the right, title and interest of the scheduled property is vested with the Petitioner, free from any and all encumbrance. As per him the scheduled land was acquired by the Union of India and this was notified vide Notification dated 20.7.1949 which was published in the Bihar Gazette Notification No. 31 on 31.8.1949.

In light of such notification, the provisions of Section 5(2) of the Requisition of Land (Continuance of Power) Act, 1947, absolute right, title and interest of the land is with the Petitioner. The Ld. ASGI submits that the land was initially requisitioned in exercise of powers under Rule 75(1) of the Defence of India Rules, 1939 (hereinafter referred to as the Rule, 1939) vide notification bearing number 824-OR/41 dated 14.10.1941 and the order passed by 2^nd Respondent on 5.5.1942. However, thereafter in exercise of the powers under the Requisition of Land (Continuance of Power) Act, 1947 (hereinafter referred to as the Act, 1947) read with Rule 75A(3) of the Rules, 1939 the schedule land was acquired.

3. Ld. ASGI further submits that Act, 1947 was enacted to provide continuance of certain powers in relation to requisitioned land and once there is a notification under Section 5(2) of the Act, 1947, the land forming subject matter of such notification vest absolutely with the State.

Ld. ASGI, places heavy reliance on the Notification dated 20.7.1949 which was published in the Bihar Gazette Notification No. 31 on 31.8.1949. The said notification contains reference to another notification i.e. Notification No. 17(42)-W-10/4G dated 28.9.1946 (which was published in the Official Gazette of India). This notification (i.e. the notification dated 28.9.1946) stated that all the lands along with their appurtenance shall be permanently acquired and would vest absolutely under Section 5(2) of the Act, 1947. In case any person had any claim with respect to such property an application could be filed as per the form contained in schedule-II of the notification.

For better appreciation, the entire notification dated 20.7.1949 bearing reference to notification dated 28.9.1946 is reproduced as under for ready-reference:-

“The 20^th July, 1949

No. 3398-R- Whereas in exercise of the powers conferred by sub-rule (1) of rule 76 of the Defence of India Rules read with notification no. 824-OR/41, dated the 4^th October 1941, of the Govt. of India in the Defence Co-ordination Department, the property fully described in schedules I below (i.e., Nursing Home and the Bungalow near Ranchi Railway Station) had been requisitioned by the Deputy Commissioner, Ranchi, by his order, dated the 5^th May, 1942 and the requisitioned land continues to be subject to requisition.

And whereas works have during the period of requisition been constructed on the said land at the expense of the Government and it has been decided that the value of such works should be preserved for the purposes of Government, now, therefore, in exercise of the powers conferred by sub-section (1) and sub-section (3) (c) of Section 5 of the R