HAJARI Vs. STATE OF M P BHOPAL

JUDGEMENT

(1.) The petitioner seeks a writ for quashing the notification dated 8-12-1972 (Annexure A) under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as the Act) on the ground that it does not satisfy the require ments of the provision and consequently the entire requisition proceedings. The petition came up for hearing before a Division Bench and reliance was placed on behalf pf the petitioner on the decision of a Division Bench (Oza and Muley JJ.) in Deva v. State of M. P. (Misc. Petn. No. 63 of 1974 (Indore) decided on 29-91975) to contend that a valid notification under Section 4 (1) of the Act requires the particular survey number of each land to be specified therein and mention of the locality alone without specifying the survey numbers was insufficient. Tne Division Bench itself noticed the conflict between the decision in Deva's case (supra) and that of another Division Bench in Christian Fellowship (Hospital) Bajanandgaon v. State of M. P. (1973 MPLJ 18). Consequently, the case was referred for constitution of a larger bench to resolve this conflict. This is how the whole case has been referred to us for decision.

(2.) The petitioner is a land-owner in village Bardha tahsil Khategaon, district Dewas. The notification dated 8-12-1972 (Annexure A) published in Madhya Pradesh Gazette dated 22-12-1972 issued under Section 4 (1) of the Act stated that land was needed for extension of the Abadi in 43 villages specified therein. The area required in each such village was also specified. Village Bardha is one such specified village, wherein 2.63 acres were proposed to be acquired. The survey numbers of the particular lands were not specified. It was also stated that the provisions of Section 5-A of the Act would not apply in view of Section 17 of the Act being applicable. A relevant extract of the notification relating to the petitioner is as follows :- ..(VERNACULAR MATTER OMMITED).. Thereafter the notification dated 7-5-1973 (Annexure B) containing the declaration under Section 6 of the Act was issued and was published in the Madhya Pradesh Gazette dated 18-5-1973. This declaration particularised the lands to be acquired with reference to the survey numbers and the petitioner's land bearing khasra No, 107 situate in village Bardha having an area of 0.44 acre was specified therein. This petition under Article 226 of the Constitution was then filed on 6-2-1974 for quashing the notification and the acquisition proceedings.

(3.) Before we deal with the aforesaid question regarding the requirement of a valid notification under Section 4 (1) of the Act, which is the main controversy in this petition, we shall dispose of two other arguments which were advanced by the counsel for the petitioner to support this petition.