JHAU LAL Vs. NAGAR MAHAPALIKA LUCKNOW

JUDGEMENT

(1.) CERTAIN petitioners have challenged through the present writ petition the validity of the Aliganj Street and City Expansion Scheme, an improvement scheme under the Nagar Mahapalika Adhiniyam. Another petition was filed earlier by some other persons in which the same scheme was challenged on various grounds, Learned counsel for the petitioners has not taken us over again the same grounds. We take it that he has argued those grounds and our judgment on those points is the same as is contained in our judgment in Writ Petition No. 137 of 1974, Mahabir Singh Kotwali v. Nagar Mahapalika LKO.

(2.) THE first contention is that the declaration having not been made within the time limit fixed by S. 4 (2) of the Land Acquisition (Amendment and Validation) Act, 1967, Act No. 13 of 1967, the whole proceedings had become void and the scheme frustrated. Sub-s. (2) of S. 4 reads as under:- "Notwithstanding anything contained in clause (b) of sub-sec. (1), no declaration under S. 6 of the principal Act in respect of any land which has been notified before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, under sub-s. (1) at S. 4 of the principal Act, shall be made after the expiry of two years from the commencement of the said Ordinance." THE contention of the learned counsel is that in view of this provision, no declaration could be published under S. 6 of the Land Acquisition Act beyond two years from the commencement of the Act viz., 20th January, 1967. THE facts relevant for the purpose are as follows: THE scheme was sanctioned under S. 360 by the Nagar Mahapalika but as it required further sanction by the State Government, it went to the State Government and the final order sanctioning the scheme was passed on 29th May, 1967. THE publication of this declaration under S. 363 of the Nagar Mahapalika Adhiniyam was made on 16th December, 1967. THEre was some error in this notification and accordingly in supersession thereof another notification was published on April 26, 1969. As the amendment Act of 1967 had come into force on 20th January, 1967, this publication was beyond two years of the date of the coming into force of the Act. THE contention of the learned Advocate General, however, is that sub-sec. (2) of S. 4 of the Act No. 13 of 1967 contemplates not the publication but only the declaration to acquire the land under sub-sec. (1) of S.6 of the Land Acquisition Act.

(3.) THE other argument raised by the learned counsel for the petitioners is based on S. 350 (1-A) of the U. P. Nagar Mahapalika Adhniyam which reads as under:- "THE said resolution shall specify the time-limit for the execution of the schemes, which may be extended by the Development Committee by resolution from time to time: provided that in the case of a scheme notified before the commencement of the U. P. Nagar Mahapalika (Amendment) Act, 1972 such time-limit, if not already specified, shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act: "Provided further that such time-limit, including extensions, if any, shall in no case exceed twenty years from the date of notification of the scheme under S. 363." THE contention is that because the Development Committee had not passed any resolution fixing a time-limit, as contemplated by sub-sec. (1-A) of S. 350, the scheme must be deemed to have become dead. It as been stated as a matter of fact in the counter-affidavit that the time-limit had been fixed by the State Government's order dated September 9, 1969 (Annexure A-10). THE relevant portion whereof runs as under:- "....., it should be ensured that awards in respect of the entire land falling in the scheme are declared latest by April 25, 1974." This is contained in the letter of the State Government written to the Collector of the District. THE subsequent consequent order is to the following effect: "Necessary details of the Nazul land and other land falling in the scheme should be obtained from the Mukhya Nagar Adhikari, Mahapalika, Lucknow at once, and it should be ensured that awards in respect of the entire land falling in the scheme are declared latest by April 25, 1974." In view of these orders which have been passed, it cannot be held that no time-limit has been fixed for the execution of the scheme. THE scheme had under the Adhiniyam to be finally sanctioned by the State Government and it had in fact sanctioned it, the fixation of time limit by it cannot therefore be held to be illegal.