EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. GIRIJA JANARTHANAN

JUDGEMENT

(1.) THE core question to be decided in this matter is as to whether in exercise of the power under Article 226 of the Constitution of India, this Court is empowered to entertain a writ petition questioning the land acquisition proceedings after the award is passed and possession is taken. For deciding the said question, the scheme of the Land Acquisition Act, 1894 requires a mention.

(2.) THE Government, entrusted with the solemn duty to provide facilities for the public, is empowered to acquire the land in order to promote the public welfare and the economic development, normally known as public purpose. The power to acquire the land owned by individuals hails from the right of eminent domain vesting in the State which is essentially an attribute of sovereign power of the State. Such exercise of power is for public purpose, the individual rights of an owner must yield place to the larger public interest. On the other hand, while the acquisition of land belonging to individuals is inevitable, it has to be balanced with the rights of the individual whose land is acquired and such individual should be properly compensated. As the right to property initially declared to be a fundamental right under Article 19 of the Constitution of India, later on, it was made only a constitutional right under Article 300-A of the Constitution of India. Keeping the above right in mind, the right to acquire the land should be considered.

(3.) A strict procedure for the acquisition of land is contemplated under the Land Acquisition Act, 1894 ("the Act", for short ). Therefore, the expression "land", as defined under Section 3 (a) of the Act, includes the benefits that arise out of the land and things attached to the earth or permanently fastened to anything attached to the earth. Though the land is sought to be acquired from the owner, taking into note of the entitlement of compensation by the owner or the person interested in the land, Section 3 (b) defines the expression "person interested" to include all persons claiming an interest for payment of compensation to be made on account of the acquisition of land and a person shall be deemed to be interested in land if he is interested in an easement affecting the land as well.