Court held that land acquisition proceedings are invalid if statutory requirements, such as preparing a housing scheme and addressing objections, are not fulfilled, leading to non-compliance with the Land Acquisition Act.

ORDER :

Vivek Rusia, J.

All the petitioners being land owners have filed these present petitions under Article 226 of the Constitution of India challenging the notification dated 06.04.2012 passed under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the “L.A. Act”), orders dated 22.03.2013 & 30.03.2013 passed under Section 5A of the L.A. Act and declaration dated 04.04.2013 under Section 6 of the L.A. Act.

2. This order shall govern the disposal of aforesaid Writ Petitions. Regard being had to the similitude of the controversy involved in these petitions, they have been heard analogously and disposed of by this singular order. For the sake of convenience, facts of W.P. No. 7124 of 2013 are taken.

3. THE CASE OF THE PETITIONER

3.1. The petitioner is the owner of Lands bearing survey no. 211 part, 215-part, 254/1 part & 255/2 total admeasuring 5 hectares of land at village Palakhedi, Tehsil Hatod, District Indore. The petitioner got the development permission u/s 30 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (in short “Adhiniyam 1973”) and all other statutory permissions for the development of Residential Plots.

3.2. Respondent No. 1 is the State of M.P. through the Principal Secretary Housing & Environment Department. Respondents No. 2 to 4 are Commissioner, Collector and Upper Collector, Respondents No. 5 and 6 are the Madhya Pradesh Housing & Environment Development Board (in short: “Housing Board”) and its officers. The Housing Board is constituted under the Madhya Pradesh Graha Nirman Mandal and Adhosanrachana Vikas Mandal Adhiniyam , 1972 (in short “Adhiniyam 1972”) and its officers are appointed under Sections 13 and 14 of Adhiniyam 1972. All the respondents are, amenable to the writ jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India.

3.3. The Executive Engineer, of the “Housing Board”, Indore by letter dated 21.02.2011 proposed to the Deputy Commissioner, Housing Board, Indore for the acquisition of about 100 Acres of land for development of “a Residential Scheme” based on Indore Development Authority's pattern of sharing developed plot area as per 50:50 ratio between land owners and Housing Board. The Deputy Commissioner, Housing Board by his letter dated 01.06.2011 requested the Land Acquisition Officer, Housing Board, Head Office, Bhopal to seek approval from the Board of Directors of the Housing Board for the acquisition of land u/s 4 and 6 of the LAND ACQUISITION ACT , 1894 (in short L.A Act) and thereafter enter into negotiations with the land owners for sharing 50% developed plot area each in lieu of compensation. Initially, the lands of the petitioner were not included in the proposed total of 112.62 hectares proposed to be acquired by the Housing Board.

3.4. That, by letter dated 5/7/2011 the Land Acquisition Officer, Housing Board, Bhopal directed the Deputy Commissioner, Housing Board, Indore that acquisition of 112.62 hectares of land situated at village Palakhedi, subject to the conditions.

3.5. That by letter dated 12/7/2011 the Executive Engineer, Housing Board, Indore submitted a tentative plan to develop housing scheme in 112.62 hectares of land situated at village Palakhedi in anticipation of the permissions of the Board of Directors of the Housing Board. The EE made a request for acquisition of the land to the Collector, Indore as per oral instructions given by the Deputy Commissioner, Housing Board, Indore to him on 11.07.2011 land o