SAHKARI KRAYA VIKRAYA SAMITI LTD Vs. RAM KUMAR

JUDGEMENT

(1.) THESE two special appeals are directed against the judgment of a learned single Judge of this Court dated 17th of May 1974 by which he allowed a petition under Article 226 of the Constitution filed by respondents Nos. 1 to 7 Ram Kumar and others, and quashed the notification dated 3-8-1963 issued under Section 6 of the Land Acquisition Act. Whereas Special Appeal No. 312 of 1974 is by Sahkari Kraya Vikraya Samiti, the body for whose purposes land had been acquired under the impugned notification, Special Appeal No. 316 of 1974 is by the State Government.

(2.) ON 22nd April 1959 the Collector Fatehpur issued a notification under Section 4 of the Land Acquisition Act stating that plot No. 680 situate in village Kuberpur Aima district Fatehpur was needed for a public purpose namely, for construction of a godown for storing foodgrains of Co-operative Marketing Society, Sahkari Kraya Vikraya Samiti Bindki (hereinafter referred to as the Society). In due course, the Collector made a report under Section 5-A of the Land Acquisition Act. As the acquisition was being made for a Co-operative Marketing Society which was a Company as defined in the Land Acquisition Act, the Society executed an agreement, as envisaged by Section 41 of the Act on 13th June, 1963. Before however, as required by Section 42 of the Act, the aforesaid agreement could be published in U. P. Gazette on 29th June 1963, the Central Government framed and enforced the rules entitled as Land Acquisition (Companies) Rules 1963 with effect from 24th of June 1963. Rule 3 of the Rules provides for the constitution of a Land Acquisition Committee for advising the Government on matters relating to and arising out of acquisition of land under Part VII of the Land Acquisition Act. Rule 4 runs thus :-

(3.) MAIN question that arises for consideration in this appeal is whether, in the circumstances, it was open to the State Government to issue a notification under Section 6 of the Land Acquisition Act without following the procedure prescribed in Rule 4 of the Land Acquisition (Companies) Rules 1963.