ANARASH RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsels for the respondent-State and for Union of India. The petitioners seek quashing, in all the three writ applications, of the notification dated 9.4.2013 under Section 4 of the Land Acquisition Act by which the provisions of Section 17(4) of the said Act have been invoked providing that Section 5-A of the Act shall not apply to the said acquisition and also the consequential notifications under Sections 6 and 9 of the Act.

(2.) The facts of the case need not be recorded in detail. Suffice it to say that by letter No. 14/DLA, Saran (ITBP)-9/2013 (letter No. 1058 dated 9.4.2013) published in local Hindi daily newspaper, proceedings for acquisition were initiated and certain lands in Village-Kotheyan, P.S.-Jalalpur, Thana No. 242, Pargana-Wal, District-Saran, Chapra were sought to be acquired for the construction of a Camp for Indo-Tibetan Border Police Force, an armed force of the Union. In the said notification it was further mentioned that provisions of Section 17(4) of the Act was applied to the acquisition and, accordingly, the provision of Section 5-A shall not be applied with respect to the lands sought to be acquired.

(3.) Learned counsel for the petitioners submits that there is no justification for issuing a notification taking away the right of the petitioners to object the acquisition under Section 5-A of the Act and the respondents are unable to show such an emergency for the purpose of legally invoking the provisions of Section 17(4) of the Act. It is submitted that proposal for such acquisition had been initiated in early 2012 and the petitioners upon learning about the same had filed the representations before the District Magistrate-cum-Collector, Saran on 16.8.2012 with a request not to acquire the fertile lands of the village and instead to consider acquisition of the chunk of land situated west to Chhapra-Baniapur Road which is barren land situated at a considerable distance from the village, a copy of the application had been sent to the Home Minister, Government of India, New Delhi as well as the Chief Minister of Bihar by registered post on 13.8.2012 itself followed by further representation on 10.10.2012, 8.11.2012, 14.12.2012 and 2.1.2013. Thereafter the authorities have taken substantial time and ultimately came out with the notification in April, 2013 but excluding the valuable legal rights of the petitioners to object under Section 5-A of the Act which is totally unjustified.