SK ABDUL HAMID Vs. LAND ACQUISITION COLLECTOR BALASORE

JUDGEMENT

(1.) In this writ petition the petitioners have challenged Annexures 1 and 2, notifications under Ss.4(1) and 5-A read with S.17(4) of the Land Acquisition Act (hereinafter referred to as the'Act').

(2.) Facts. The petitioners are owners of Ac. 0.065 decimals of land appertaining to several plots situate in mauja Sankarpur of Bhadrak town. It became necessary for the Notified Area Council of Bhadrak (for short 'N.A.C.') for excavation of public drain for passage of excess rain water from certain areas within Bhadrak for which purpose it was necessary to acquire two acres of land. Accordingly, a letter (Annexure-D) dt. 29-8-1986 was addressed by the Executive Officer, Bhadrak N.A.C., to the Land Acquisition Officer, Balasore, along with a sketch map. Resolutions to the same effect were also passed by Annexure-4 dt. 23-2-1987 as well as Annexure-C dt. 30-7-1985. As a result of the communication referred to above (Annexure-D), the State Government issued notification under S.5A dt. 12-9-1988 and another notification dated 22-8-1988 (Annexure-2) applying the emergency clause under S.17(4) of the Act so as to take immediate possession of the land. The petitioners have contended that there was no emergency for acquiring their land in question as there was no necessity for excavation of a public drain as per the sketch map. On the other hand, the problem of passage of excess rain water would be solved by making some alternative arrangement by excavating a small drain thereby avoiding acquisition of a large tract of land belonging to different persons. In any event, the petitioners should have been given opportunity as envisaged under S.5-A of the Act for making objections to the land acquisition.

(3.) The opposite parties have filed their counter and have stated therein that there was real necessity for excavation of the public drain for passage of excess rain water from a locality inside Bhadrak town and the purpose being of public nature it was necessary to acquire the land of the petitioners on an emergent basis by applying the provisions of S.17(4) of the Act.