PRABHAWATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been heard analogous as facts and issues are common. The instant Letters Patent Appeals under clause 10 of the High Court of Judicature at Patna are preferred against the order dated 23.3.2010, passed both in C.W.J.C. No. 8653 of 2009 and C.W.J.C. No. 4817 of 2010, whereby the learned Single Judge rejected the prayer of the appellants for quashing the notification issued under Section 4, declaration under Section 6, making of an Award dated 1.4.2009 under Section 11, as well as award notices issued under Section 12(2) of the Land Acquisition Act (hereinafter referred to as 'the Act') in Land Acquisition Case No. 9/2007-08. The relevant facts necessary for disposal of the appeals in short are as follows, The appellants are raiyats of lands situated in Village-Pokharbhinda and Domwalia in Bagaha Sub-Division in the district of West Champaran, detailed in Annexure-2A of the writ petition. In view of anarchy prevailing in the region, Bagaha Sub-Division has been upgraded as police district. The Superintendent of Police, Bagaha, vide his letter No. 374 General, dated 14,3.2000, addressed to the District Magistrate, West Champaran, made a request for making available suitable land for construction of police line at Bagaha. The Anchal Adhikari, Bagaha, began search enquiry vide Case No. 1/2000-01, and submitted his proposal regarding availability of 26.40 acres of land in Village-Domwalia, Thana No. 145, and an area measuring 15.87 acres of land in Village-Pokharbinda, Thana No. 147, both falling within Bagaha P.S. (vide his letter No. 364 dated 14.7.2000), to the S.D.O., Bagaha. The S.D.O., Bagaha, forwarded the proposal to the District Land Acquisition Officer, Bagaha, which was numbered as L.R. Case No. 2/2002-03, The proposal finally reached the office of the Commissioner, Tirhut Division, for administrative approval. The Commissioner pointed certain defects and referred the matter to the Collector, West Champaran, for rectification. The Collector in his turn endorsed the fife to the Circle Officer, Bagaha, for making necessary rectification. The Anchal Adhikari, Bagaha, the LR.D.C, Bagaha, the S.D.O., Bagaha, alongwith D.I.G. Police, Tirhut Range, Muzaffarpur, visited the site whereafter a new proposal was mooted for acquisition of 12-04 acres of land in Village-Domwalia appertaining Thana No, 145, and 33.04 acres in Village-Pokharbinda, of Thana No. 147. The Anchal Adhikari, Bagaha forwarded the proposal. The case record was processed and placed in the office of the Commissioner, Tirhut Division, on 8.7,2003. On 24.2.2004, the Superintendent of Police, Bagaha, made a requisition to the Collector, West Champaran, to acquire 45.05 acres of land on urgent basis in Village-Pokharbinda and Domwalia, detailed in Appendix-1, with further request vide details contained in Appendix-It, to dispense with enquiry under Section 5A of the Act, and to obtain necessary order of the State Government under Section 17(4) of the Act. The requisitions alongwith its Appendices were considered by the Land Acquisition Officer, West Champaran, on 3.9.2006, and Collector, West Champaran, on 27.9.2006. The Collector approved the draft of the notifications under Sections 4 and 6, which too was forwarded by the Commissioner, Tirhut Division, vide his recommendation dated 4.11.2006 to the Director, Land Acquisition, under letter No. 4999, dated 13.11.2006, for due consideration and taking approval of the Government. The matter was placed before the Government, and the Minister being satisfied gave approval to the proposal of acquisition under section 17(4) of the Act for construction of police line on 2.2.2007. Pursuant to approval of the acquisition by the State Government in terms of sub-section (4) of Section 17 of the Act, the follow-up notification under Section 4 thereof, dated 9.2.2007, and declaration under Section 6, dated 13.2.2007, for acquisition of 45.05 acres of land were published. The declaration under Section 6 was also published in two newspapers, namely, Aaj and Farooqui Tanzeem, Both notification under Section 4, and declaration under Section 6, were published in the District Gazette on 15.3.2007. The Collector also caused and got published the substance of acquisition at local level on 30.3.2007.

(2.) The Collector on 25.4.2007, vide letter No. 48 requested the Commissioner, Tirhut Division to seek Government's approval for taking possession of the land in question in terms of Section 17(1) of the Act. The Commissioner forwarded the request to the Director, Land -Acquisition, vide his letter No. 2710, dated 20.6.2007, for obtaining necessary approval of the Government. The Director, Land Acquisition, placed the matter before the Government and the Hon'ble Minister accorded approval on 4.7.2007. The Collector, West Champaran, was instructed to take immediate possession under letter No. 1605, dated 11.7.2007, which finds place at page 88C of the Land Acquisition file. After ascertaining the value of the land, the Collector approved the Award on 31.3.2009 in L.A. Case No. 9 of 2007-08. On 16.6.2009, the Collector issued notices under Section 12(2) of the Act calling upon the appellants and other landholders to receive the compensation amount. The District Land Acquisition Officer took possession of the land on 29.7.2009, and handed over the same to the Dy. S.P. (Hqr.), Bagaha, for construction of police line which the appellants have controverted.

(3.) The appellants submit that the impugned land acquisition proceeding is in the teeth of various provisions of the Act. They state that there was no legal and valid ground to invoke the provisions of Sections 17(1) and 17(4) of the Act to dispense with the provisions under Section 5A of the Act- The proceedings commenced in the year 2000-01, and notification and declaration under Sections 4 and 6 of the Land Acquisition Act were issued in the year 2007, hence there was no urgency in the matter and as such invocation of Section 17(4) was totally unjustified. The appellants state that the State Government was required to consider.the need to dispense with the enquiry under Section 5A in spite of existence of an urgency or unforeseen emergency. There is need for application of the mind by the appropriate Government on the issue, but in the instant case the Minister has merely put his signature approving invoking of emergent provisions under Section 17(4) of the Act. In support of their submissions, the appellants have relied upon decisions in the case of Union of India & Ors. vs. Mukesh Hans, 2004 AIR(SC) 4307, Essco Fabs Private Limited & Anr. vs. State of Haryana & Anr., 2009 2 SCC 377, Anand Singh & Anr. vs. State of U.P. & Ors., 2010 11 SCC 242. The appellants state that the impugned award is time-barred in view of Section 11A of the Act, and the whole proceeding lapsed, as the award was not prepared within a period of two years of declaration under Section 6 of the Act. The appellants submit that the declaration under Section 6 was published in the newspaper on 13.2.2007, and in the district gazette on 16.3.2007. The local publication of the award was made on 30.3.2007.