BHOPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In terms of a notification dated 20th September, 1988 issued under Section 4 and 17 of the Land Acquisition Act, 1894 (for short 'the Act') a parcel of land measuring 4 bighas and 14 biswas with super structures on the same situate in Khasra No. 332/2 min of Village Pul Pehlad, Tehsil Mehrauli was notified for acquisition by the Delhi Administration. Since the notification dispensed with an enquiry under Section 5-A of the Act, a declaration under Section 6 was issued shortly thereafter on 7th October, 1988. The petitioner who owns three bighas and 12 biswas out of the aforementioned land has assailed the validity of the above notification as also the declaration issued in pursuance thereof.

(2.) The petitioner's challenge is two-fold. In the first place, the petitioner contends that there was no urgency for acquisition of the land by invoking the provisions of Section 17(1) of the Act. It is argued that the acquisition of a small extent of four bighas and four biswas could involve no possible urgency nor could any development work be held up on account of such a small piece of land. Alternatively, it is contended that although the notification issued by the respondents dispensed with the holding of an enquiry under Section 5-A of the Act, .the competent authority, namely, the Lt. Governor had neither applied his mind to the question of dispensing with the enquiry nor issued any direction to that effect. The notification to the extent it purported to dispense with an enquiry under Section 5-A was, therefore, unsupported by any order on the file which rendered the same illegal.

(3.) Section 17 of, the Act confers special powers upon the appropriate Government in cases of urgency. It, inter alia, provides that in cases of urgency whenever the Appropriate Government so directs, the Collector may take possession of any land needed for a public purpose, on the expiration of fifteen days from the publication of the notice mentioned in Section 9(1) of the Act, even though no award has been made by him. Such land would thereupon vest absolutely in the Government, free from all encumbrances.