The invocation of urgency provisions in land acquisition must be justified by genuine emergencies; significant delays undermine such claims and violate the right to object.

JUDGMENT

Mr. Sureshwar Thakur, J.

Through the instant writ petition, the petitioners ask for quashing of a notification dated 27.03.1992 (Annexure P-2), as became issued by respondent No.1, thus under sections 4 and 17 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894"). Furthermore, a prayer is also made for the quashing of a notification No.14/38/91-EDU-1(3) dated 24.02.1993 (Annexure P-3), as became issued under Section 6 of the Act of 1894.

Grounds Of Challenge

2. The learned Senior counsel for the petitioners contends, that the notification (supra), as became issued through invocation of the urgency provisions embodied in Section 17 of the Act of 1894, though were for a public purpose, namely for the construction of cycle stand, canteen and play grounds of Government College, Bawal, Tehsil Bawal, District Rewari, but he submits that the said notification is colour ably issued and/or is whimsically issued.

3. The learned Senior counsel for the petitioners contends, that on the subject lands, the petitioners have installed a saw mill, and, have also constructed several shops on the main road i.e. Sawan road which is connected to Delhi Jaipur National highway. He further submits, that they have also raised shops on Jaipur National highway. The constructions (supra), are averred to be raised on the subject lands prior to the issuance of a notification under Section 4 of the Act of 1894. In addition, learned Senior counsel also submits, that the petitioners have a samadhi of their ancestors thus existing on the subject lands.

4. That since the respondent has invoked the urgency statutory provisions, as embodied in Section 17 of the Act of 1894, provisions whereof are extracted hereafter, therefore the petitioners contend that since in terms of sub-Section 4 there of, rather the provisions of Section 5-A carried in the Act of 1894, are not made applicable, upon, invocation of the statutory urgency provisions (supra).

"17. Special powers in cases of urgency.-(1) In cases of urgency, whenever the [appropriate Government], so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), [take possession of any land needed for a public purpose]. Such land shall thereupon [vest absolutely in the [Government]], free from all encumbrances.

(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the [appropriate Government], enter upon and take possession of such land, which shall thereupon [vest absolutely in the [Government]] free from all encumbrances:

Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossess