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Allahbad High Court
G.C.MATHUR,SATISHCHANDRA
Khadim Husain - Appellant
Versus
State of U.P., Lucknow - Respondent
Decided On : 10/09/1972
LAND ACQUISITION - Acquisition of land for housing accommodation scheme - Validity of acquisition - Petitioners challenging acquisition of their land in pursuance of two schemes framed under U. P. Town Improvement Act, 1919, but finalised and sanctioned under U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 - Petitioners contending that Gorakhpur Improvement Trust could not legally function and frame the original schemes as the commencement of the terms of the Chairman and trustees were not notified under Section 8 of the Town Improvement Act - Court held that the Improvement Trust was created and incorporated by Section 3 of the Act and Section 4 sets out the personnel of the Improvement Trust and sub-section (2) of Section 4 empowers the State Government to nominate the Chairman and other Trustees - As soon as the notification under Section 4 (2) is made and the personnel of the Improvement Trust are nominated, the Improvement Trust can start functioning - There is no provision in the Act requiring that the Improvement Trust shall not start functioning till a notification under Section 8 (1) is made - Court further held that a housing accommodation scheme could validly be framed for municipal areas also - Court also held that the limitation of 2 years imposed by Section 4 (2) of the Land Acquisition (Amendment and Validation) Act 1967 is in respect of the making of the declaration under Section 6 (1) and not in respect of the publication of that declaration under Section 6 (2) of the Land Acquisition Act - Court also held that the change in the nomenclature of the schemes 'from Housing Accommodation Schemes' to "Land Development Schemes' itself does not show that the object and purpose of the schemes has changed - Court also held that the acquisition of the petitioners' lands does not offend Art. 26 of the Constitution - Petitions dismissed.
Fact of the Case:
Petitioners challenged the acquisition of their land in pursuance of two schemes framed under the U. P. Town Improvement Act, 1919, but finalised and sanctioned under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965. Petitioners contended that the Gorakhpur Improvement Trust could not legally function and frame the original schemes as the commencement of the terms of the Chairman and trustees were not notified under Section 8 of the Town Improvement Act. Petitioners also contended that a housing accommodation scheme could not be framed for the municipal areas under the Town Improvement Act. Petitioners further contended that the notification under Section 36 of the Town Improvement Act which has been equated to a notification under Section 4 (1) of the Land Acquisition Act, was published on March 31, 1965 i.e. before January 20, 1967 the notification under Section 32 (1) of the Parishad Act which has been equated to the making of a declaration under Sec. 6, could not have been published after January 19, 1969 and as it was published on 3-5-1969 i. e. after this date it was void and of no effect. Petitioners also contended that the acquisition of their lands offends Art. 26 of the Constitution.
Finding of the Court:
Court held that the Improvement Trust was created and incorporated by Section 3 of the Act and Section 4 sets out the personnel of the Improvement Trust and sub-section (2) of Section 4 empowers the State Government to nominate the Chairman and other Trustees - As soon as the notification under Section 4 (2) is made and the personnel of the Improvement Trust are nominated, the Improvement Trust can start functioning - There is no provision in the Act requiring that the Improvement Trust shall not start functioning till a notification under Section 8 (1) is made - Court further held that a housing accommodation scheme could validly be framed for municipal areas also - Court also held that the limitation of 2 years imposed by Section 4 (2) of the Land Acquisition (Amendment and Validation) Act 1967 is in respect of the making of the declaration under Section 6 (1) and not in respect of the publication of that declaration under Section 6 (2) of the Land Acquisition Act - Court also held that the change in the nomenclature of the schemes 'from Housing Accommodation Schemes' to "Land Development Schemes' itself does not show that the object and purpose of the schemes has changed - Court also held that the acquisition of the petitioners' lands does not offend Art. 26 of the Constitution.
Issues: 1. Whether the Gorakhpur Improvement Trust could legally function and frame the original schemes as the commencement of the terms of the Chairman and trustees were not notified under Section 8 of the Town Improvement Act? 2. Whether a housing accommodation scheme could be framed for the municipal areas under the Town Improvement Act? 3. Whether the notification under Section 36 of the Town Improvement Act which has been equated to a notification under Section 4 (1) of the Land Acquisition Act, was published on March 31, 1965 i.e. before January 20, 1967 the notification under Section 32 (1) of the Parishad Act which has been equated to the making of a declaration under Sec. 6, could not have been published after January 19, 1969 and as it was published on 3-5-1969 i. e. after this date it was void and of no effect? 4. Whether the acquisition of the petitioners' lands offends Art. 26 of the Constitution?
Ratio Decidendi: 1. The Improvement Trust was created and incorporated by Section 3 of the Act and Section 4 sets out the personnel of the Improvement Trust and sub-section (2) of Section 4 empowers the State Government to nominate the Chairman and other Trustees - As soon as the notification under Section 4 (2) is made and the personnel of the Improvement Trust are nominated, the Improvement Trust can start functioning - There is no provision in the Act requiring that the Improvement Trust shall not start functioning till a notification under Section 8 (1) is made. 2. A housing accommodation scheme could validly be framed for municipal areas also. 3. The limitation of 2 years imposed by Section 4 (2) of the Land Acquisition (Amendment and Validation) Act 1967 is in respect of the making of the declaration under Section 6 (1) and not in respect of the publication of that declaration under Section 6 (2) of the Land Acquisition Act. 4. The change in the nomenclature of the schemes 'from Housing Accommodation Schemes' to "Land Development Schemes' itself does not show that the object and purpose of the schemes has changed. 5. The acquisition of the petitioners' lands does not offend Art. 26 of the Constitution.
Final Decision: Petitions dismissed.
MATHUR, J. :- These three writ petitions have been referred to this Bench at the instance of a learned Single
Judge as he was of the view that certain Single Judge decisions cited before him required reconsideration. In these petitions the petitioners have challenged the acquisition of their land in pursuance of two schemes which were framed under the U. P. Town Improvement Act, 1919, but were finalised and sanctioned under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965.
2. In or about the year 1965, the Gorakhpur Improvement Trust framed two housing accommodation schemes the Rustampur-Tiwaripur Housing Accommodation Scheme and the Surajakund Housing Accommodation Scheme. The notices under Section 36 of the Town Improvement Act in respect of the Rustampur-Tiwaripur Housing Accommodation Scheme were published in the U. P. Gazette dated March 13, 1965. The notices relating to the Surajkund Housing Accommodation Scheme were published in the U. P. Gazette dated June 12, 1965. By these notices objections were invited to the schemes. The petitioners filed certain objections. Before these objections could be disposed of by the Improvement Trust, the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (U. P. Act No. 1 of 1966) (hereinafter referred to as the Parishad Act) came into force from February 16, 1966. This Act provided for the establishment, incorporation and functioning of a housing and development Board called the U. P. Avas Evam Vikas Parishad (this will hereinafter be referred to as the Board). The Board was established on December 6, 1967 and from that date the Parishad Act was made applicable to the area of the Gorakhpur Improvement Trust. By virtue of the provisions of sub-section (1) of Section 97 of the Parishad Act the Gorakhpur Improvement Trust stood dissolved from December 6, 1967. By virtue of sub-section (3) of this section the schemes framed by the Gorakhpur Improvement Trust stood transferred to the Board and the Board was required to proceed further with these schemes in accordance with the corresponding provisions of the Parishad Act. By a resolution dated March 23, 1968 the Board re-designated the Rustampur-Tiwaripur Housing Accommodation Scheme as the Rustampur-Tiwaripur Bhoomi Vikas Yojna No. 5 and the Surajkund Scheme as the Surajkund Bhoomi Vikas Yojna. Thereafter the objections which had been filed by the petitioners to the schemes notified under Section 36 of the Town Improvement Act, were considered and decided by the Board. On June 17, 1968, the Board sanctioned the Rustampur-Tiwaripur Bhoomi Vikas Yojna No. 5 under Section 31 (1) of the Parishad Act. This sanction was published under Section 32 (1) of the Parishad Act in the U. P. Gazette dated May 3, 1969. The Surajkund Bhoomi Vikas Yojna which involved an expenditure of more than Rs. 20 lacs was referred by the Board to the State Government for sanction as required by Section 31 (1). The State Government sanctioned the scheme on May 30, 1968 and the sanction was published in the U. P. Gazette dated September 14, 1968. Section 55 (1) of the Parishad Act provides that any land required by the Board for any of the purposes of the Act may be acquired under the provisions of the Land Acquisition Act, 1894 as amended in its application to U. P. and further modified as specified in the Schedule to the Parishad Act. A notification dated December 31, 1969 under Section 17 of the Land Acquisition Act, 1894, as modified by the Parishad Act was published in the U. P. Gazette dated January 10, 1970 in respect of the land required for Rustampur-Tiwaripur Bhoomi Vikas Yojna No. 5, directing the Collector of Gorakhpur to take possession of the land needed for the purpose after 15 days even though no award had been made. Thereupon the petitioners whose lands are affected by these two schemes filed these three writ petitions.
3. The acquisition proceedings have been challenged by the petitioners on the following six grounds.
(i) that the Gorakhpur Improveme
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