GHOUSIA BEGUM Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THIS appeal is against the judgment and decree dated 18 -3 -1970 of the Additional District Judge, Pondicherry in O.S. No 160 of 1969. That was a suit filed by one Ghousia Begum, wife of Grochil Jahan Khan alias Kurshid Jan Pasha, the owner of the property acquired in pursuance of a notification made under Section 4 (1) of the Land Acquisition Act, 1894, by the Administrator of the Union Territory of Pondicherry on 8 -12 -1964. The suit was for a permanent injunction restraining the Union Territory of Pondicherry from, taking possession of the property in pursuance of the acquisition proceedings. Ghousia Begum claimed that she had a charge, as in a mortgage or "hypothecue legale" on the property for the mahar debt due to her from her husband. She filed the suit on 2 -1 -1969, nearly four months after the Code of Civil Procedure, 1908, was extended or made applicable to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, repealing the French Civil Procedure Code. She had not issued the suit notice as required by Section 80 of the Civil Procedure Code, 1908, before filing the suit. The respondent contended inter alia that the suit was not maintainable for want of the notice. The parties agreed that the issue relating to the notice might be considered as a preleminary issue. The Court below found that the appellant, who could have filed the suit even before the Code of Civil Procedure, 1908 was extended to the Union Territory of Pondicherry as the Notification under Section 4 (1) of the Land Acquisition Act was made on 10 -11 -1964 (sic. the correct date of the notification is 8 -12 -1964) itself and the cause of action alleged had arisen long prior to 2 -1 -1969, and who had filed the suit only under Order 7, Rule 1 of the Civil Procedure Code, 1908, was bound to issue the notice as required by Section 80 of the Code. It held that the suit was not maintainable in the absence of the notice and rejected the plaint under Order 7, Rule 11 of the Code. Hence the appeal. W. P. No. 2795 of 1970: -

(2.) THIS writ petition has come before us as in the opinion of Ramaprasada Rao, J., it involves a question of considerable constitutional importance. The writ petition is for the issue of a Writ of Mandamus or any other appropriate writ, direction or order directing the respondents, the Union Territory of Pondicherry and the Union of India, to release from acquisition the land and building acquired in pursuance of the notification dated 8 -12 -1964 made under Section 4 (1) of the Land Acquisition Act, 1894.

(3.) THE enquiry under Section 5 -A of the Land Acquisition Act was held on 25 -3 -1965. The enquiry report shows that the owner Grochil Jahan Khan alias Kurshid Jan Pasha raised objection to the acquisition and that the Enquiry Officer was of the view that the objection was "neither considerable nor sustainable." The concerned officials in spected the land on 12 -4 -1965. The Government of the Union Territory of Pondicherry made the declaration under Section 6 of the Land Acquisition Act on 5 -7 -1965 to the effect that the land was required for a public purpose being a purpose of the Union to wit, for putting up an auto -exchange for the Posts and Telegraphs Department in Pondicherry Town. The President appears to have sanctioned the acquisition. The sanction has been communicated to the Post -Master General, Madras by the Director -General, Posts and Telegraphs Department, in his letter No. 45 -4/63(XI)/ Land dated 26 -7 -1966.