PREM BAI Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS petition has been heard along with M. P. No. 1169 of 1974 (Sardar Bahu and another v. The State of Madhya Pradesh and 2 others), since both the petitions are based on similar facts and common grounds and are against the common notifications under sections 4 and 6 of the Land Acquisition Act. Shri S. L. Jain, learned counsel appearing for the petitioners, in both the cases, had also made the statement that the arguments put forth in this petition will also be adopted for the other petition, i. e. M. P. No. 1169/74. Under these circumstances, the order passed in this case will also govern the disposal of M. P. No. 1169/74.

(2.) CERTAIN agricultural lands belonging to the petitioners in both the cases have been acquired in accordance with the provisions of the Land Acquisition Act for the purposes of establishing industry in Sagar district and the said purpose has been relied for as public purpose for which acquisition has been made by the State Government. Notifications under sections 4 and 6 have been issued on 7 -9 -1974 andI79 -1974 respectively and they were published in the Madhya Pradesh Gazette dated 139 -74 and 27 -9 -1974 accordingly.

(3.) THE respondents, State of Madhya Pradesh and the Land Acquisition Officer filed a return. It has been stated that after formation of the new State of Madhya Pradesh on 1 -11.1956, several backward areas in the State were to be given proper opportunity for economic development and it was necessary to solve the burning problem of unemployment in such areas. It has been shown that the area comprised in tahsil Sagar in the central region has been declared as backward area by the Government of India. The State Government took a decision to see that industries and other projects are established in such area so that there may be industrial development resulting in opportunities of employment and financial Improvements of the inhabitants in that area. The State Government, for this purpose decided to provide facilities regarding land, electricity and other issues so as to attract the industrialists for establishing the requisite industries in particular areas. A survey was carried out to ascertain the type of industries which could be established and developed in particular areas according to the availability of raw materials and other facilities. According to the survey report, it was found that there was sufficient scope for establishing a mill for manufacture of strawboard in Sagar tahsil and accordingly the State Government proposed to acquire about 20 acres of land in village Kishanpura, tahsil and district Sagar. The lands belonging to the petitioners, in both the cases, are included in the proposed acquisition. Under there circumstances and in the absence of any specific allegation or material, either pleaded in the petition or substantiated before this Court, it is not possible to hold that the proposed acquisition was mala fide in any manner. The selection of the suitable area is within the discretion of the State Government. The area in question is adjacent to railway station Ishrawara on Bina -Katni main line and Sagar -Bina main road. There is adequate supply of water and power in the vicinity of the area. Under these circumstances, there is no reason to hold that the proposal for acquiring the lands was in any manner motivated with any ulterior purpose.