LAXMANRAO BAPURAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Notification under Section 4(1) of the Land Acquisition Act, 1891 (for short, the Act) was published on June 19, 1982 acquiring lands in Survey No. 27/C.1/A1 admeasuring 1 hectare, 19 acres and 8 tees for construction of houses for weaker sections of the society. Notification under Section 5-A was issued. The enquiry was conducted and on satisfaction that it was needed for public purpose, declaration under Section 6 was published on January 17, 1983. After the Land Acquisition Officer issued notice under Sections 9 and 10 of the Act, the respondent No. 3 filed writ petition in the High Court questioning the validity of the notification and the declaration. The contention raised and accepted by the High Court was that since Section 3-A of the Bombay (Amendment) Act, 1945 (22 of 1945) empowers the Officers authorised by the Commissioner to satisfy himself whether the land is needed for a public purpose and since the authorised Officer had not satisfied in that behalf, the Governments power, after the enquiry under Section 5-A, was denuded. The Government, therefore, was not right in its conclusion that the land was needed for a public purpose. We find that the view taken by the High Court is not correct in law.

(2.) On publication of the notification under Section 4(1) of the Act, sub-section (2) envisages that the Land Acquisition Officer or an Officer authorised specially in this behalf by the Government or any servant or workman shall have lawful authority to enter upon and survey and conducts levels of any land in such locality etc. Section 3-A envisages the powers of the Officers to carry out survey as under:

(3.) This is synonymous to the power under Section 4(2) of the Act, In addition to the Officer authorised under Section 7 of the Act, any other Officer named in Section 3-A is also empowered even before the notification under Section 4(1) is published to inspect the locality and find out whether the land is needed or is likely to be needed for any purpose and on such authorisation it shall be lawful for the Officer appointed by the State Government in the Public Works Department or any other officer generally or specially authorised in this behalf, as the case may be, or any Officer authorised by the Government or a public servant or a workman, to enter upon and survey the land, take levels of any land in such locality, mark levels and to do all other acts necessary to ascertain whether the land is adapted for such purpose and, where otherwise the survey cannot be completed and levels taken to cut down and clear away any part of any standing crop, fence or jungle etc.