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IN THE HIGH COURT OF ALLAHABAD
Sankar Saran and Gurtu, JJ.
MOWASI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Civil Misc. Writ 258 Of 1952
Decided On : 02/17/1953
LAND ACQUISITION - WITHDRAWAL FROM ACQUISITION - SECTION 48, LAND ACQUISITION ACT - APPLICABILITY - DECISION UNDER SECTION 5A - FINALITY - CANCELLATION OR ALTERATION - IMPOSSIBILITY - FRESH NOTIFICATION UNDER SECTION 4 - NECESSITY.
Fact of the Case:
The applicant, a hereditary tenant of certain plots of land, challenged the acquisition proceedings initiated by the D.N. Higher Secondary School, alleging that the State Government's decision under Section 5A of the Land Acquisition Act, upholding his objections and dropping the acquisition proceedings, was final and could not be altered or canceled. The school authorities contended that the decision was obtained by misrepresentation and was rectified by a subsequent G.O.
Finding of the Court:
The court held that the decision taken under Section 5A was final and could not be canceled or altered. Once the State Government had decided in favor of the objector, it was no longer possible to make a declaration to the contrary under Section 6, as that would amount to setting aside the decision under Section 5A. The court also held that there had been a withdrawal from the acquisition proceedings under Section 48 of the Act, and that it was no longer possible to acquire the applicant's plots without a fresh Notification under Section 4 and subsequent proceedings.
Issues: 1. Whether the decision of the State Government under Section 5A of the Land Acquisition Act is final and binding? 2. Whether the State Government can cancel or alter its decision under Section 5A? 3. Whether a fresh Notification under Section 4 of the Act is necessary to acquire the applicant's plots after a decision in his favor under Section 5A and a withdrawal from the acquisition proceedings under Section 48?
Ratio Decidendi: 1. The court interpreted Section 5A of the Land Acquisition Act to mean that the decision of the State Government on the objections filed by a person whose property is sought to be acquired is final and binding on both the State Government and the person concerned. 2. The court held that the State Government cannot cancel or alter its decision under Section 5A once it has been taken, as the section itself makes the decision final. 3. The court held that a fresh Notification under Section 4 of the Act is necessary to acquire the applicant's plots after a decision in his favor under Section 5A and a withdrawal from the acquisition proceedings under Section 48.
Final Decision: The court quashed the G.O. canceling the earlier decision under Section 5A and the subsequent proceedings, and directed the opposite parties not to acquire or proceed to acquire the applicant's plots without a fresh Notification under Section 4 of the Land Acquisition Act.
( 1 ) THIS is an application under Article 226 of the Constitution of India. The applicant prays that this Court be pleased to issue a writ in the nature of a writ of certiorari calling for the record of the case and to quash the entire proceedings subsequent to the order dated 27-5-1952 dropping the land acquisition proceedings in respect of the applicants plots and to direct the opposite parties not to acquire or proceed to acquire the plots belonging to him.
( 2 ) THE applicant averred that he was the hereditary tenant of certain plots of land specified in para. 2 of the affidavit filed on his behalf which were situate in village Gulaothi, Pargana agauta, district Bulandshahr and that the D, N. Higher Secondary School, opposite party 2, moved to acquire those plots along with two others.
( 3 ) A preliminary Notification was issued in respect of these plots under Section 7 of the Land acquisition Act in the State gazette dated 9-3-1951. The applicant filed an objection under section 5a, Land Acquisition Act against the acquisition of the plots belonging to him. The applicant and the school authorities both appeared before Mr. S. D. chaturvedi, Land Acquisition officer. On 17-10-1952, Mr. Chaturvedi overruled the applicants objections. On 20-10-1951, the applicant sent a petition to the Government of Uttar Pradesh in this regard. The State government, thereupon asked for a report under Section 5a, Land Acquisition Act and, after perusing all the relevant documents for proving the report submitted by the Land Acquisition officer under Section 5a of that Act, allowed the objections filed by the applicant and decided not to acquire the plots. On 3-5-1952, a G. O. No. A (2) 819/xv 601 (27) 1951 dated 3-5-1952 was issued by the State Government, The G. O. reads as follows :
"with reference to your endorsement No. 628/ VIII-49-50/51 dated 29-12-1951 regarding the acquisition of land for D. N. Higher Secondary School, Gulaothi (Bulandshahr) I am directed to enclose a copy of letter No. 709 dated 31-3-1952 from the Deputy Director Education 1st Region meerut and to say that the Government agree with his recommendation and have hence decided to drop the acquisition proceedings. I have, therefore, to request you to take necessary step 3 for the acquisition of the alternative land out of plots Nos. 748 to 751 belonging to Shri Faizyab khan for the school and forward the proposal to Government for the issue of Notification under section 4 (1) of the Act. 2. A cancellation Notification in respect of the land under acquisition is under issue. 3. The Hindustani Records of the case is returned herewith. No. A (2)- (1)/xv-601 (27) 1951. Copy forwarded for the information to the Deputy Director of education 1st Region Meerut in reference to his D. O. No. 709 dated 31-3-1952. By order. Sd/- B. N. Jha, joint Secretary. "
( 4 ) THAT after the issue of the G. O, mentioned above, Sri S. D. Chaturvedi on 27-5-1952 ordered the proceeding! for the acquisition of the said plots to be dropped and ordered that proceedings for acquisition of plots Nos. 748 to 751 (belonging to Faizyab Khan) may be started afresh if the authorities moved for the acquisition of the latter plots.
( 5 ) ON 3-6-1952, the Joint Secretary, Education Department issued another G. O. cancelling the earlier one dated 3-5-1952 quoted above and on the basis of that later G. O. the Land Acquisition officer passed an order on 9-6-1952. That G. O. is No. A (2)/2503/xv-601 (27)-51 dated 3-6-1952 and runs as follows : "i am directed to say that the Governor has again reconsidered the orders issued in G. O. No. A (2)/1819/xv (27)/51 dated 3-5-1952 regarding the acquisition of land required for D. N. Higher Secondary School Gulaothi, district Bulandshahr and has been pleased to order that the orders issued in the G. O. cited above may be treated as cancelled. 2. The Governor has also been pleased to order that the acquisition of land as recommended by you vide your endorsement 628/vi
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