GANGA PRASAD VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A Notification No. 2292/1140, dated 18-4-64, was. issued by the State government under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) for acquisition of 462. 22 acres of land of village Chhawani, near Bhilai. The land is proposed to be acquired for being used as industrial area. That notification also directs that the provisions of Section 5a of the Act shall not apply. Subsequently, a notification under Section 6 of the Act was also issued. The petitioners by this petition under Article 226 of the Constitution seek a writ of certiorari for quashing both the notifications.

(2.) THE contention of the petitioners is that in the land notified under Section 4 of the Act certain abadi land and land covered under water (tanks) is also included. Under Sub-section (4) of Section 17 the State Government can direct that the provisions of Section 5a shall not apply if the land notified is arable or waste land only. The land reserved for abadi or the land under water (tanks) cannot be described as 'arable or waste land'. It is, therefore, urged that the notification excluding the operation of Section 5a of the Act with respect to the abovesaid land is invalid and that the notification under Section 4 is liable to be struck down.

(3.) IN the return filed on behalf of the State it is admitted that part of the area covered by the notification is land reserved for abadi or land under water. But it is submitted that by a local amendment the Land Acquisition Act, Sub-section (1) of section 17 of the Act was amended so as to omit the words "waste or arable land" from that subsection. As a result of this amendment, it is urged that the operation of Section 5a can be excluded with respect to any kind of land. The local Act, relied on by the State, is the Central Provinces and Berar Resettlement and rehabilitation of Displaced Persons (Land Acquisition) Act, 1949 (Act No. 20 of 1949 ). Section 3 of the said Act reads :