KHUB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by certificate is directed against the judgment of the High Court of Rajasthan at Jodhpur dismissing the petition filed by the appellants under Art. 226 of the Constitution.

(2.) The relevant facts may be briefly stated. By a registered sale-deed, dated December 10, 1958, the appellants purchased the land comprised in Khasra Nos. 158 and 182/2 situated in village Sangaria in Tehsil Hanumangarh in the State of Rajasthan. On February 14, 1957, the Government of Rajasthan published a notification No. 7(104) Rev (A), dated October l9, 1956 under .S. 4 of the Rajasthan Land Acquisition Act 1953, hereinafter called the Act, to the effect that the said land, along with others, was needed or likely to be needed for the public purpose of laying township and orchards. On January 9, 1958, another notification was published in the Rajasthan Gazette under S 5 (2) of the Act. On February 3, 1959,a further notification under S. 6 of the Act was published in the Rajasthan Gazette in respect of the said land. The Government of Rajasthan, in exercise of the power under S. 3 (c) of the Act, issued a notification , dated September 10, 1955, appointing the Deputy Director of Colonistation, Suratgarh Division with headquarters at Hanumangarh , to perform the functions of a collector under the Act within the local limits of his jurisdiction. On July 30, 1959, these said Government published a notification, dated June 4, 1959, in modification of the previous notification, appointing the Deputy Director of Colonisation, Rajasthan Canal Project, then having head quarters at Bikaner to perform the said functions within the districts of Ganganager, Bikaner and Jaisalmer . Notwithstanding the said notification, the Deputy Director of Colonisation, Suratgarh, exercising the functions under the Act, continued the acquisition proceedings. The appellants filed objections questioning the jurisdiction of the said Deputy Director to proceed with the enquiry and there after they did not take part in the proceedings. On December 11, 1959, after making expert enquiries, the said Deputy Director made an award which for convenience of reference may be referred to as Award No. 1. In the said award, the appellants, land was valued at Rs. 614 per bigha. But on June 27,1960, the said Deputy Collector made another award, hereinafter referred to as Award No. 2, setting aside Award No. 1. and giving compensation to the appellants, land at the rate of Rs. 442 instead of at Rs.614 per bigha. The appellants filed the writ petition in the High Court of Rajasthan challenging the validity of the said proceedings.

(3.) The contentions raised by the parties before the High Court need not be particularised as they are apparent from the following findings given by it : (1) The provision of S. 4 in the Act , namely, that a public notice of the substance of the notification should be given at convenient places in the locality of the land in dispute, is mandatory and the Land Acquisition Officer did not comply with the same; but as the objection raised by the appellants in that regard was belated it could not be allowed to be taken at that stage. (2) The direction given by the Rajasthan Government to the Deputy Director of Colonisation, Suratgarh Division, to exercise the powers of the Land Acquisition Officer under the Act was not withdrawn, either expressly or by necessary implication, by the notification dated, June 4, 1959, by which the Deputy Director of Colonisatin, Rajasthan Canal Project, was authorised to perform the functions of Collector within the three districts mentioned therein.(3) Award No. 1 dated December 11, 1959, which related to Khasra No. 158 had become final, and it could not be altered by Award No. 2 in regard to the said Khasra number. In effect and substance, the High Court held that both the awards were valid but Award No. 2 should be confined only to Kharsa No. 182/2. In the result, the petition was dismisses. Hence the appeal.