KHURSHEED AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ appellants being interlinked and interconnected were heard analogously and are disposed of by a singular order. Regard being had to the similitude of the factual matrix and the identicalness of the law involved, the facts in each case need not be exposited inasmuch as the singular exposition would sub- serve the purpose.

(2.) TO have a clear picture frescoed, it is seemly to state that sustainability of the order dated 20-3-2007 passed by the learned Single Judge in writ Petition No. 18305/2006 is called in question by the appellants-petitioners (hereinafter referred to as "the appellants") invoking the provisions of intra-Court appeal under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand nyaypeeth Ko Appeal) Adhiniyam, 2005.

(3.) THE facts which are requisite to be exposited are that a decision was taken by Air Port Authority of India to carry out the development and expansion of Airstrip in the Airport Complex of Raja Bhoj Airport, Bhopal, which was constructed in early 1960s. A requisition was made by the Airport Authority of india, the respondent No. 6 herein, to the State of Madhya Pradesh for acquisition of the land for carrying out the above purpose. Adjoining to the airport there was a vast area of land belonging to the Ministry of Defence and the said land was not put to any use and some of the land was occupied by the encroachers. The Collector, Bhopal, respondent No. 3 herein, recommended that the lands adjacent to the already existing Defence Establishment should be acquired for the Defence Department as that would be suitable for security purposes and would form a composite unit. The said Authority, after a physical demographic survey found that the land admeasuring approximately 80 acres belonging to the Defence Department is already in the possession of the Airport authority. As is evincible, the modalities for expansion of airport was discussed at various levels and eventually Ministry of Defence approved the grant of working permission on certain terms and conditions for exchange of 364. 64 acres of defence land with the same area of land of State Government for expansion of the airport. Out of the said land the Ministry of Defence agreed to immediate hand over immediately 120. 35 acres to the Airport Authority of india. Remaining land was to be transferred in favour of the State Government only after the State Government transferred 120. 35 to the Local Military authorities. A condition was imposed by the Ministry of Defence that the State government would handover 364. 64 acres of land. The decision was taken, as is evident from letter dated 9-3-2006. Annexure R-2, that was addressed to the chief of Army Staff. Appendix A attached to the said letter gives details of land to be exchanged between the Ministry of Defence and the State Government. After the said decision was taken the Collector sent a proposal on 28-8-2006 to the Commissioner for grant of permission for invocation of powers under section 17 (1) read with Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act' ). The Commissioner granted necessary permission on 4-9-2006. Thereafter a notification was issued under Section 4 read with Section 17 (1) of the Act to the effect that the land detailed in the Schedule attached thereto was required for the public purpose to compensate the land of the Ministry of defence required for expansion of Raja Bhoj Airport. The notification, as is revealable, incorporated the urgency clause which resulted in dispensation of the enquiry as contemplated under Section 5-A of the Act. The notification included the land of the petitioners and ultimately following due process as engrafted under the Act an award came to be passed on 18-12-2006 as contained in Annexure R-1.