B S TOLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner questions the acquisition proceedings with respect to the land which was purchased by him at a public auction held in pursuance of powers conferred upon the Regional Settlement Commissioner under Section 20 of the Displaced Persons (Compensation Rehabilitation) Act, 1954 (Act No. 44 of 1954). The public auction at which the petitioner purchased the land, was held on 7th June, 1960, and he was the highest bidder in the same of Rs. 77,070. The petitioner had purchased the land, as it is evident from the sale certificate as freehold land. The property which was purchased is known as Garden Aliwala, and the same is located in the revenue estate of Mehrauli The khasra numbers of the land which was acquired are mentioned in the sale certificate as 1303(0-13), 1304(0-18), 1305(0-10), 1306(1-0), 1307(0-18), 1309(0-18), 1310(1-11), 1311(1-10), 1312(1-10), 131?(0-17), 1314(0-17), 1315(4-16), 1310(4-5), 1317(2-6), 1326(4-2), 1331(1-0), 1332(0-17) 133?(l-18), 1336(0-15), 1472(0-10), 1475(0-14), 2855/1470 (0-2), 1322(1-14), and the land measures 34 bighas and 18 biswas.

(2.) The respondent Union of India issued a notification under Section 4 of the Land Acquisition Act for acquisition of approximately 34,078 acres of land, being notification No. F. 15(111)/ 59-LSG dated 13th November, 1959. In terms of this notification "Government land and Evacuee land" was specifically exempted from that acquisition notice. The sale of the land in favour of the petitioner having taken place on 7th June, 1960, the land which was purchased by the petitioner was evacuee land at the time of publication of the aforesaid notification dated 13th November, 1959, and as such was exempted from acquisition in terms of that Section 4 notification itself.

(3.) What has been purported to be done in this case is that the notification under Section 6 of the Land Acquisition Act. 1894 has been issued, being notification No. F. 4(98) /64-L&H. which is stated to be dated 2nd January, 1987. This Section 6 notification has. clearly, in the facts and circumstances of the case been issued without there being a notification under Section 4 of the Land Acquisition Act with respect to the land which was purchased by the petitioner at the public auction held on 7th June, 1960. The learned counsel for the petitioner has referred to a judgment reported .as 1965P.L.R. 616 (Smt. Chain Kaur v. The Chief Commissioner, Delhi & others), (1) wherein it was held that when there is no notification under Section 4, the machinery provided by the Land Acquisition Act cannot start to function and no further proceedings can be taken for the purpose of acquisition; of that land. Justice Bedi who delivered that judgment, relied .upon a judgment in State of Bombay v. Chaturbhuj Nenshi, AIR 1966 Gujarat 185(2) which was to that effect. It is clear from Section 6 of the Land Acquisition Act that for a Section 6 notification to be effective there has to be a pre-existing .notification under Section 4 of the Land Acquisition Act.