IN THE HIGH COURT OF ALLAHABAD
N. N. MITHAL, C. P. MATHUR
RAM NARAIN RAI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 16690 Of 1990
Decided On : 10/22/1990
LAND ACQUISITION ACT - NOTIFICATION U/S 4(1) AND 6 - URGENCY - DISPENSING WITH ENQUIRY U/S 5-A - SATISFACTION OF APPROPRIATE GOVERNMENT - JUDICIAL REVIEW - SCOPE - MALA FIDE - PUBLIC PURPOSE - TRAINING CENTRE FOR SUGARCANE GROWERS AND PERSONNEL OF CANE DEVELOPMENT DEPARTMENT - VALIDITY.
Fact of the Case:
Petitioners challenged the notifications dated 9-5-1990 issued by the State of U. P. u/s. 4 (1) and S. 6 of the Land Acquisition Act and for a writ of mandamus restraining the respondents 1 to 3 from dispossessing the petitioners from plots Nos. 12, 13, 15 and 24 situate in village Jalilpur Parao, Pargana Ralhupur, district Varanasi, in pursuance of the aforesaid notifications.
Finding of the Court:
The State Government had applied its mind to the material before applying the provisions of S. 17 (4) and in dispensing with the inquiry u/s. 5-A of the Act.
Issues: Whether the State Government acted illegally in exercising powers u/s. 17 (4) of the Act and in dispensing with the enquiry u/ S. 5-A of the Act.
Ratio Decidendi: The question of urgency is a matter for the subjective satisfaction of the appropriate government and it is not open to the courts to examine the propriety or correctness of the satisfaction on an objective consideration of facts. The opinion of the appropriate government can only be challenged in a court of law if it can be shown that the government never applied its mind to the matter or that the action of government is male fide.
Final Decision: Writ petition dismissed.
( 1 ) THIS writ petition has been filed for quashing the notifications dated 9-5-1990 issued by the State of U. P. u/s. 4 (1) and S. 6 of the Land Acquisition Act and for a writ of mandamus restraining the respondents 1 to 3 from dispossessing the petitioners from plots Nos. 12, 13, 15 and 24 situate in village Jalilpur Parao, Pargana Ralhupur, district Varanasi, in pursuance of the aforesaid notifications. The petitioners have impleaded the State of U. P. , the Land Acquisition Officer, Varanasi, and Uttar Pradesh Ganna Kisan Sansthan (hereinafter referred to as Ganna Sansthan) as respondents 1 to 3 respectively to the writ petition.
( 2 ) A notification u/sub-sec. (1) of S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U. P. Gazette on 28/04/1990. This was followed by a notification u/s. 6 of the Act which was published on 18/05/1990. Since the language of the notifications will be material for the decision of the controversy involved in this case, it will be appropriate to reproduce the same. The notification u/s. 4 (1) of the Act, omitting the schedule annexed thereto, reads as follows :-"under sub-sec. (1) of S. 4 of the Land Acquisition Act, 1894 (Act No. 1 of 1894), the Governor is pleased to notify for general information that the land mentioned in the Schedule below, is needed for a public purpose, namely, for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi. The Governor being of the opinion that the provisions of sub-sec. (1) of S. 17 of the said Act are applicable to the said land inasmuch as the said land is urgently required for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi and that in view of the pressing urgency it is as well necessary to eliminate the delay likely to be caused by enquiry u/s. 5-A of the said Act the Governor is further pleased under sub-sec. (4) of the said S. 17 to direct that the provisions of S. 5-A of the said Act shall not apply. "the subsequent notification u/ S. 6 of the Act reads as follows :-"in continuation of Government notification No. 177 MCM/ XLVI-1000 (66)-76 dated 28/04/1990 issued under sub-sec. (1) of S. 4 and sub-sec. (4) of S. 17 of the Land Acquisition Act, 1894 (Act No. 1 of 1894) and lastly published in the newspaper "dainik Ajj" dated 9/05/1990, the Governor is pleased to declare u/s. 6 of the said Act that the land mentioned in the schedule below is needed for a public purpose, namely for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi and u/s. 7 of the said Act to direct the Collector of Varanasi to take order for the acquisition of the land. 2. The Governor being satisfied that the case is one of urgency is further pleased under sub-sec. (1) of S. 17 of the said Act, to direct that the Collector of Varanasi, though no award u/s. 11 has been made, may on the expiry of fifteen days from the publication of the notice mentioned in sub-sec. (1) of S. 9, take possession of the land mentioned in the Schedule for the said public purpose. "a perusal of the notification u/s. 4 (1) of the Act shows that the land mentioned in the schedule was needed for a public purpose, namely, for construction of buildings for training centre of Uttar Pradesh Ganna Kisan Sansthan in the district of Varanasi. The notification further shows that the State Government was of the opinion that the provisions of sub-sec. (1) of S. 17 of the Act were applicable to the land inasmuch as the said land was urgently required for the construction of the buildings for the aforesaid training centre and in view of the pressing urgency it was necessary to eliminate the delay likely to be caused by an inquiry under S. 5-A of the Act. The State Government further made a direction under sub-sec. (4) of s. 17 to the effect that the provisions of S. 5-A of the Act shall not appl
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