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Allahbad High Court
G.C.MATHUR,K.N.SETH
Ram Surat - Appellant
Versus
State of U.P. - Respondent
Decided On : 11/21/1975
LAND ACQUISITION - Acquisition of plots for providing house sites to landless agricultural labourers of Scheduled Castes and Tribes - Challenge - Grounds - Contravention of provisions of Section 122-C of U. P. Zamindari Abolition and Land Reforms Act and Rule 115-L of U. P. Zamindari Abolition and Land Reforms Rules, 1952 - Sufficiency of land available in the villages for house sites for members of Scheduled Castes and Tribes - No urgency and provisions of Section 17 of the Land Acquisition Act could not be legally invoked - Land belonging to the petitioners was neither waste nor arable land and, consequently, the provisions of Section 17 of the Land Acquisition Act could not be applied to it - Held, acquisition is valid.
Fact of the Case:
In both writ petitions, acquisition of plots of the petitioners under the Land Acquisition Act, 1894, for purposes of providing house sites to landless agricultural labourers of the Scheduled Castes and Tribes is challenged.
Finding of the Court:
The court held that the acquisition of land under the Land Acquisition Act for the purposes of Section 122-C (2), Zamindari Abolition Act of providing housing sites to the members of the Scheduled Castes and Tribes, the provisions of the Land Acquisition Act alone will apply. The provisions of the statute cannot be construed as imposing a condition precedent to the acquisition under the Land Acquisition Act.
Issues: 1. Whether the acquisition is in contravention of the provisions of Section 122-C of the U. P. Zamindari Abolition and Land Reforms Act and of Rule 115-L of the U. P. Zamindari Abolition and Land Reforms Rules, 1952? 2. Whether the land of the petitioners was not needed for the purpose set act in the notifications as there was sufficient land available in the villages for house sites for members of the Scheduled Castes and Tribes? 3. Whether there was no urgency and the provisions of Section 17 of the Land Acquisition Act could not be legally invoked? 4. Whether the land belonging to the petitioners was neither waste nor arable land and, consequently, the provisions of Section 17 of the Land Acquisition Act could not be applied to it?
Ratio Decidendi: 1. Section 122-C of the Zamindari Abolition Act and Rule 115-L of the Rules do not prescribe any condition precedent to the acquisition of land under the Land Acquisition Act for the purposes of Section 122-C (2). 2. The declaration under Section 6 (1) of the Land Acquisition Act in each case states that the Governor is satisfied that the land mentioned in the schedule below is needed for a public purpose, namely, Rural Housing Scheme. Sub-section (3) of S.6 provides that this declaration shall be conclusive evidence that the land is needed for a public purpose. This provision shuts out all enquiries by the Court into the question of genuineness or otherwise of the need. 3. The question of urgency is a matter for the subjective satisfaction of the Government and it is not open to the Courts to examine the propriety or correctness of the satisfaction on an objective appraisal of facts. 4. Arable land means land which is mainly used for ploughing, and for raising crops. By arable land is meant not only land capable of cultivation but also land actually cultivated.
Final Decision: The two petitions are dismissed.
MATHUR, J. :- In both these writ petitions, acquisition of plots of the petitioners under the Land Acquisition Act, 1894, for purposes of providing house sites to landless agricultural labourers of the Scheduled Castes and Tribes is challenged. Identical questions arise in the two petitions and it is desirable to dispose them of by one judgment.
2. Writ Petition No. 7586 has been filed by three petitioners who are the tenure-holders of plot or chak No. 910 in village Phulli, Pargana Zamania, district Ghazipur. A notification under Sections 4 (1) and 17 (4) of the Land Acquisition Act dated November 20, 1974, was published in the official Gazette. The notification mentioned the plot or chak No. 910 also. In the body of the notification, it was stated that the land was needed for a public purpose, namely, for Rural Housing Scheme. At the bottom of the notification, the purpose, for which the land was required was stated thus:-
"Free allotment of house sites to landless agricultural labourers of Scheduled castes/ tribes, village artisans etc. in the aforesaid "village of District Ghazipur."
A notification under Sections 6 and 17 (1) of the Act dated November 26, 1974, was then published in the official Gazette. The writ petition was filed on July 22, 1975.
3. Writ petition No. 7658 has been filed by two petitioners who claim to be the Bhumidhars of plot No. 77 in village Mansurpur, Pargana and Tahsil Baghpat, District, Meerut. A notification under Sections 4 and 17 (4) of the Land Acquisition Act dated February 14, 1975, mentioning the plots of the petitioners, was published in the official Gazette. The purpose mentioned was exactly the same as in the notification in the other writ petition. A notification under Sections 6 and 17 (1) of the Act dated February 21, 1975, was then published in the official Gazette. These petitioners also filed the writ petition on July 22, 1975. At the time of the admission, it was directed that these two writ petitions be listed for hearing before a Division Bench at an early date. That is how these writ petitions have come up before us.
4. In both the petitions, the acquisition has been challenged on the following grounds :-
(1) That the acquisition is in contravention of the provisions of Section 122-C of the U. P. Zamindari Abolition and Land Reforms Act and of Rule 115-L of the U. P. Zamindari Abolition and Land Reforms Rules, 1952;
(2) that the land of the petitioners was not needed for the purpose set act in the notifications as there was sufficient land available in the villages for house sites for members of the Scheduled Castes and Tribes;
(3) that there was no urgency and the provisions of Section 17 of the Land Acquisition Act could not be legally invoked; and
(4) that the land belonging to the petitioners was neither waste nor arable land and, consequently, the provisions of Section 17 of the Land Acquisition Act could not be applied to it.
5. Section 122-C was introduced in the Zamindari Abolition Act by U. P. Act No. 21 of 1971. It provides for the allotment of land for house sites for members of the Scheduled Castes, agricultural labourers etc. Sub-sections (1) and (2), which are relevant for purposes of these cases, read thus:-
"122-C. Allotment of land for housing sites for members of Scheduled Castes, agricultural labourers etc.- (1) The Assistant Collector Incharge of the Sub-division, of his own or on the resolution of the Land Management Committee, shall ear-mark any of the following classes of land for the provision of abadi sites for the members of the Scheduled Castes and the Scheduled Tribes and agricultural labourers and village artisans-
(a) Land referred to in Cl. (i) of sub-sec. (1) of S.117 and vested in the Gaon Sabha under that section;
(b) lands coming into possession of the Land Management Committee under Section 194 or under any other provision of this Act;
(c) any other land which is deemed to be or becomes vacant under Section 13, S.144, S.163, S.186 or S.211;
(d) Whe
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