ANAND KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners in this case pray for the issue of a writ of certiorari for quashing the notifications issued under Sections 4 and 6 of the Land Acquisition Act for the acquisition of land measuring 15. 36 acres situated in mouza Hatital, tahsil and district Jabalpur, which includes some land belonging to them for a housing scheme of respondent No. 3, the Mahakoshal Housing Board.

(2.) THE material facts are these: On 18th July, 1958, a notification was issued by government under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and published in the M. P. Gazette of Sth August, 1958. It stated that land, area 53. 35 acres situated in Hatital, Circle No. 753, Tahsil jabalpur, was likely to be needed for the construction of houses by the Mahakoshal housing Board, Jabalpur. The Mahakoshal Housing Board was a body constituted under the M. P. Housing Board Act, 1950. After the formation of the new State of madhya Pradesh this Board continued to function in the Mahakohhal region of the state under Section 3 (1-A) of the Housing Board Act till that Act was extended on 1st May, 1959, to all the regions of this State other than the Mahakoshal region. On 1st May, 1959, Government constituted a Housing Board for the entire State, which then began functioning under the name and style of M. P. Housing Board. On 22nd March, 1961, Government issued a notification under Section 6 of the Act which, was published in the gazette of 31 March, 1961. In that notification land intended to be acquired was described as 'hatital village excluding 0. 41 acre of survey Nos. 7/10, 7/13 and 106' and its area was stated to be 15. 36 acres. The petitioners challenged the validity of these notifications tinder sections 4 and 6 by filing an application in this Court under Articles 226 and 227 of the Constitution. That application (M. P. No. 205 of 1961) was granted by us on 10th October, 1961, in respect of the notification issued under Section 6 of the Act on 22nd March, 1961, and that notification was quashed by us on the ground that it was altogether vague and that it did not at all give any idea as to the specific land intended to be acquired. The validity of the notification issued under Section 4 of the Act of 18th July, 1958, was, however, upheld by us and that notification was maintained. Thereafter, consequent to the quashing of the notification dated 22nd March, 1961, issued under Section 6 Government issued on 20th November, 1961, a fresh notification under Section 6 of the Act. That notification mentioned land intended to be acquired as situated in Circle No. 753, village Hatital, tahsil, Jabalpur, and gave full particulars of the khasara Nos. and the acreage covering the land tinder acquisition. 'the public purpose of the acquisition was stated 'to be the construction of 'houses.

(3.) THE petitioners assail the validity of the notifications dated 18th July 1958 and 20 November, 1961, on the grounds that the acquisition was neither valid nor for any public purpose; that assuming that under the M. P. Housing Board Act the board could acquire land tor a housing scheme, the notifications in question were not valid inasmuch as the Board had not framed any housing scheme and the framing of a housing scheme under the Act after obtaining prior sane tion of the state Government was a condition precedent for the acquisition of any land needed by the Board; that the notification which had been issued under Section 4 of the Act on 18th July, 1958, had exhausted itself when the State Government issued a notification under Section 6 of the Act on 22nd March, 1961, which was quashed by this "court; and that a fresh notification under Section 6 could not therefore be issued by Government without first issuing a fresh notification under section 4 also.