RAJU SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This order will govern final disposal of W.P. No. 4370/2012 and W.P. No. 5113/2012. The facts necessary for adjudication of this matter are taken from W.P. No. 4370/2012.

(2.) The petitioner is having agricultural land at village Manpura Tahsil and District Gwalior. The petitioner has assailed the notification issued under section 4 of the Land Acquisition Act, 1894 (for short "the Act") (Annexure P-1). The basic ground for attack is that the notification (Annexure P-1) is not in consonance with the requirement of section 4 of the Act. It does not contain minimum details of the land which is sought to be acquired by the respondents. In absence thereof, the effective and minimum opportunity to file objection, is taken away and respondents have proceeded further and at the stage of proceeding under section 9 of the said act, the petitioner came to know about it and submitted their detailed objection.

(3.) Shri V.K. Bharwaj, learned senior counsel submits that on bare reading of section 4 of the Act as interpreted in various judgments, it is crystal clear that the purpose and intention to issue notification is to make the persons aware that the Government intends to acquire their land. Accordingly, it is the minimum and inevitable requirement to show the description of the land with precision and accuracy in Annexure P-1, so as to enable the effected persons to submit their objection with regard to such acquisition. By drawing the attention of this Court to the notification (Annexure P-1), learned senior counsel submits that it talks about "enclosed list" whereas no list is enclosed with Annexure P-1. In other words, it is submitted that in the notification (Annexure P-1) it is stated that Government intends to acquire certain land as mentioned in the "enclosed list", however, notification does not contain any such list and therefore, the description of the land sought to be acquired is totally absent. Only name of the village is mentioned where land is proposed to be acquired and it is mentioned that the plan of the land is available in the office of Land Acquisition Officer, Gwalior, where it can be seen. Criticizing the said notification, it is argued that it does not fulfill the statutory and mandatory requirement of the Land Acquisition Act, 1894 and therefore, the valuable right of the petitioner is taken away. By taking this Court to various sections after section 4(1) till section 9, it is stated that the respondents have proceeded further without affording reasonable, adequate, effective and sufficient opportunity to the petitioner to put forth objection and at the stage of quantifying the compensation, the petitioner came to know about it and submitted his objection. He submits that impugned proceeding suffers from serious basic infirmity and therefore, the basic notification under section 4 needs to be set aside. He relied on several judgments of the High Court and the Supreme Court in support of the aforesaid contention.