ARJUN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There is some land, situate in village Baraubagh, in the district of Nainital. It comprised a part of the Khamestate, in Tarai and Bhabar area, belonging to the State Government. The State Government let it out by written leaser deeds to certain persons who, in turn, sublet it by registered sub-leases in favour of the Petitioners. Leaving out unnecessary details it appears that the State Government, by a notification, dated June 3, 1959, under Sub-section (1) of Section 4 of the Land Acquisition Act, published in the U.P. Gazette dated June 6, 1959, declared that it was proposed to acquire the land for rehabilitating displaced Persons from East Pakistan. It was also stated in the notification that the Governor, being of opinion that the Provisions of Sub-section (1) of Section 17 of the Land Acquisition Act (hereinafter called the Act) were applicable to the land, has directed under Sub-section (4) of Section 17 that the provisions of Section 5-A of the Act would not apply. By another notification issued under Section 6 of the Act and published in the same Gazette the Government acquired the land for the public purpose of rehabilitating displaced persons from East Pakistan. Since the matter was regarded as urgent, it was directed that the Collector, Nainital, should take Possession of any waste or arable land forming part of the land acquired, even though no award under Section 11 was made.

(2.) Aggrieved by these two notifications, the petitioners have preferred the instant writ petition under Article 226 of the Constitution, Learned counsel for the petitioners has impugred these notifications on three grounds, (1) that the Purpose of acquisition being a Union purpose, the Union Government and not the State Government was empowered to acquire the land, (2) that the provisions of Sub-section (4) of Section 17, which deprived the petitioners of the benefit of Section 5-A were violative of the Provisions of Article 14 of the Constitution, and (3) that the provisions of that Sub-section were arbitrarily applied by the State Government to the instant case.

(3.) Before the Constitution Sections 4 and 6 of the Act gave exclusive power of acquiring land to the Provincial Government. After the Constitution the Adaptation of Laws Order, 1950, issued by the President under Article 372 of the Constitution, inserted a new Clause (ee) to Section 3, which defined the expression "appropriate Government", and substituted in Sections 4 and 6 the words "appropriate Government" for the wordy "Provincial Government". Clause (ee) to Section 3 reads: