GANESH NARAYAN Vs. COMMISSIONER NAGPUR DIVISION NAGPURAND

JUDGEMENT

(1.) ALL these applications can be disposed of together as one of the questions released in these applications is common and that question relates to the legality and validity of sub-section (4) of Section 3 of the Bombay Commissioners of Divisions Act, 1957, (Bombay Act No. VIII of 1958 ). It is the contention of the petitioners in all the three cases that Sub-section (4) of Section 3 of the aforesaid Act suffers from the vice of excessive delegation of legislative power or authority. The facts in all legislative power or authority. The facts in all these three cases are similar. It would be sufficient if facts in one case are fully stated, and we proceed to state facts in special Civil Application No. 62 of 1963 inasmuch as that was the case is which arguments were advanced by Mr. D. T. Managalmurti and which had been adopted by Mr. Kukday and Mr. Mandiekar, Counsel appearing for the petitioners in the other two cases. Mr. Kukday also had supplemented the argument of Mr. Mangalmurti on one aspect of the case relating to the main question.

(2.) THE four petitioners in Special Civil Application No. 62 of 1963 are tenure holder (Bhumiswami) of certain survey numbers situate in mouza Wadgaon, in Chanda Tahsil of Chanda District. Chanda District is situate in the Nagpur Commissioner's Division. Petitioner No. 1 holds S. No. 85/1, area 4. 33 acres, petitioner No. 2 holds S. No. 85/2, area 4. 33 areas, petitioner No. 3 holder S. No. 95, area 4. 71 acres and petitioner No. 4 holder S. No. 94, area 7. 40 acres.

(3.) THE Commissioner of Nagpur Division in exercise of the powers conferred on him under Section 4 of the Land Acquisition Act, issued a notification of date 28-1-1961 saying that certain lands in mouza Wadgaon including the portions of the aforesaid lands of the petitioners, were needed or were likely to be needed for a public purpose. That notification was published in the Government Gazette of 2-2-1961. That notification however was cancelled and another notification under Section 4 of the Land Acquisition Act was issued by the Commissioner Nagpur Division and it was published in the Government gazette of 19-7-1962. That notification is in the following terms: "whereas it appears to me that lands in the village Wadgaon in the Chanda tahsil of the Chanda District as shown in the schedule below, are needed or likely to be needed for a public purpose, namely for the extension of gaothan, notice is hereby given to all whom it may concern that, in exercise of the powers conferred by Section 4 of the Land Acquisition Act, I of 1894, as amended by Act. No. XXXVIII of 1923, I have authorised the Special Land Acquisition Officer, Chanda, for the time being engaged on this undertaking, to enter upon and survey the lands, and to do all other acts required for the proper execution of his work, as provided for or specified in the said section : and whereas I am of the opinion that the said lands are arable lands and their acquisition is urgently necessary, it is further directed under sub section (4) of Section 17 of the said Act, that the provisions of Section 5-A of the said Act, shall not apply in respect of the said lands. " in the schedule attached to this notification, lands at mouza Wadgaon in the Chanda tahsil which were likely to be needed for a public purpose were shown as follows : s. No. Approximate area to be acquired (more or less) Acres. 85/1 2. 10 85/2 1. 90 94 0. 16 95 0. 84