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1974 Supreme(All) 143

Allahbad High Court
SATISHCHANDRA,H.N.SETH
Nagar Mahapalika. Varanasi - Appellant
Versus
Durga Shankar - Respondent
Decided On : 07/17/1974

Advocates:
N.D. Pant, for Appellant; Jagdish Prasad and Standing Counsel, for Respondents.

Headnote:

LAND ACQUISITION - NOTIFICATION UNDER SECTIONS 4 AND 6 - VALIDITY - DESCRIPTION OF LOCALITY - SUFFICIENCY - BURDEN OF PROOF - LACHES - WRIT PETITION - LIMITATION.

Fact of the Case:

The Nagar Mahapalika Varanasi issued notifications under Sections 4 and 6 of the Land Acquisition Act for the acquisition of land for widening of roads and shopping cum housing-centre. The erstwhile owners of the land filed a writ petition challenging the validity of the notifications and the subsequent proceedings for ejectment under Section 129-A of the Nagar Mahapalika Adhiniyam.

Finding of the Court:

The court held that the notifications under Sections 4 and 6 were not void for not sufficiently and adequately describing the locality in the land sought to be acquired. The court also held that the writ petition was not barred by laches.

Issues: 1. Whether the notifications under Sections 4 and 6 of the Land Acquisition Act were void for not sufficiently and adequately describing the locality in the land sought to be acquired? 2. Whether the writ petition was barred by laches?

Ratio Decidendi: 1. The court held that the notifications under Sections 4 and 6 were not void for not sufficiently and adequately describing the locality in the land sought to be acquired. The court relied on the Full Bench decision in Bahori Lal v. Land Acquisition Officer, AIR 1970 All 414 (FB), which held that the question of whether the locality has been sufficiently described or not depends on the circumstances of each case. The court held that in the present case, the petitioners had not established the necessary facts to support the proposition that the notifications were void for not sufficiently and adequately describing the locality in the land sought to be acquired. 2. The court held that the writ petition was not barred by laches. The court held that the petitioners had filed the writ petition within a reasonable time after the cause of action arose.

Final Decision: The appeal was allowed and the judgment of the learned Single Judge was set aside. The matter was sent back for decision afresh in accordance with law and in the light of the finding and observations made by the court.

Judgement

SATISH CHANDRA, J.:- Nagar Mahapalika Varanasi has filed this appeal against the judgment of a learned Single Judge quashing the notification issued under Sections 4 and 6 of the Land Acquisition Act, and also the proceedings for the ejectment of the respondents taken by the Nagar Mahapalika under Sec. 129-A of the Nagar Mahapalika Adhiniyam.

2. A notification under Section 4 of the Land Acquisition Act was issued on 30-11-1955. It related to an area of 0.905 acres in village Jaitpura in the district of Varanasi. Subsequently a notification under Section 6 of the Land Acquisition Act was issued on January 19, 1956. It related to the same area and it mentioned that the land was sought to be acquired for widening of roads and shopping cum housing-centre. Provisions of Section 5-A were excluded. Subsequently proceedings for determination of the compensation payable to the owners were undertaken and an award was published by the Land Acquisition Officer on 6th April, 1957. Later on the Nagar Mahapalika took proceedings for the ejectment of the respondents under Section 129-A of the Nagar Mahapalika Adhiniyam on the ground that they were in unauthorised occupation of the land which had vested in the Nagar Mahapalika. At this stage the erstwhile owners of the land filed a writ petition in this Court. They challenged the validity of the notifications issued under the Land Acquisition Act as also the proceedings under Sec. 129-A of the Nagar Mahapalika Adhiniyam.

3. A learned Single Judge held that the notifications under Sections 4 and 6 of the Land Acquisition Act were vague inasmuch as they did not indicate the details of the buildings or municipal numbers of the plots sought to be acquired. Relying upon a Full Bench decision in Bahori Lal v. Land Acquisition Officer, AIR 1970 All 414 (FB) the notifications were held to be void. It was also held that consequential proceedings for the ejectment of the respondents being based upon void acquisition proceedings were themselves illegal.

4. The plea raised on behalf of the appellant that the writ petition was barred by laches was repelled. In the result, the notifications under Sections 4 and 6 of the Act as well as the proceedings under Section 129-A of the Nagar Mahapalika Adhinivam were quashed.

5. Aggrieved, the Nagar Mahapalika has come up in appeal.

6. The notifications mention the name of the district. Pargana and Mauza in which the land sought to be acquired was situate. The name of the village mentioned is Jaitpura. The approximate area mentioned is 0.905 Acres and the purpose mentioned is for widening of road and shopping cum-housing centre. At the bottom, a note stated a plan of the land may be inspected in the office of the Collector Banaras.

7. In Bahori Lal' case AIR 1970 All 414 the Full Bench emphasized that the notifications have to sufficiently identify the locality in which the land sought to be acquired is situate. In paragraphs 23 and 24 it was observed that "whether in a given case the locality has been sufficiently described or not may depend on the nature of land, the area of the land proposed to be acquired, the situation or the site of the land with reference to the part of the village or the city in which the land lies. If the land is situate in a very small village of which the area is very small, it may be that the description of the locality by the mention of the village may be sufficient. If however, the land is situate in a big village of which the area is considerable the mere mention of the village may not sufficiently answer the description of the locality. A mere note in the notification that the site plan is available for inspection cannot take the place of a sufficient description of the locality itself. Though the site plan may fix the identity of the land and its extent proposed to be acquired, it may not necessarily fix the locality itself."

8. In view of these observations it is clear that the Full Bench did not lay down that the notifications




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