RUKMANI DEVI Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The acquisition of the petitioners land for expansion of Pottery Development Centre by invoking the emergency clause under section 17(1) of the Land Acquisition Act is under challenge in this writ application.

(2.) The notification under section 4(1) of the Land Acquisition Act (hereinafter referred to as the "Act") acquiring the land in question was issuedon31.10.1981, annexure-1 and on the same day another notification was issued where under the provision of Sec. 17(1) of the Act was applied and in exercise of power under sub-section (4) of section 17, the provision of section 5-A of the Act was notified to have no application to the acquisition i n question. The declaration under section 6 of the Act was made by notification dated. 12th Oct., 1982. The petitioner filed the writ application on 29.9.1986 challenging the aforesaid acquisition on the ground that neither the acquisition in question was for a public purpose nor there existed any urgency to invoke the provision of section 17 of the Act so as to take away the only valuable right of the owner of the land under section 5- A of the Act.

(3.) Opposite party No. 4 for whom the acquisition has been made has filed a counter affidavit stating therein that the Pottery Development Centre badly required the land for expansion of its laboratory and the acquisition must be held to be one for public purpose. It has been further slated that as the acquisition was of an emergent nature, power under section 17(1) of the Act has been exercised and the application of section 5-A of the Act has been taken away. Though the state has entered appearance but no counter affidavit has been filed on behalf of the state.