BHARAT SANCHAR NIGAM LIMITED Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is aggrieved with notification dated 22nd April 2010 issued by Collector Land Acquisition, Economic Reconstruction Agency (ERA) under section 4 (i) of State Land Acquisition Act, Samvat 1990, (hereinafter referred to as the Act) to the extent it relates to the land allotted vide no. 820/LAC dated 28.3.1980 to the department of Telecommunications on payment of Rs. 6,46,720.50. THE petitioner is successor-in-interest of Department of Telecommunications as the petitioner in terms of resolution dated 23rd January 2001, Ministry of Communications, (Department of Telecommunications) has acquired all the assets and liabilities of the Department of Telecommunication (DTC) including the subject matter of the instant petition.

(2.) THE petitioner claims to have acquired the land in question for the public purpose viz. to set up a telephone exchange. THE notification dated 22nd April, 2011 issued by respondent no. 4, is questioned on the ground that the respondent no. 4 lacks lack jurisdiction to initiate proceedings for acquisition of land without consent of the petitioner and permission of the central government. It is pleaded that the respondents instead of opting for acquisition proceedings ought to have referred the matter to a High Powered Committee representing the petitioners, respondents and the central government and left it to the decision of such Committee whether the land in question was to be acquired in connection with construction of Flyover Expressway Corridor.

(3.) THE notification envisioned by section 4 of the Act as is evident from a bare look on the provision, is the first step in the preliminary investigation to be conducted in connection with acquisition of land for a public purpose. THE purpose is to notify all persons interested in the land that its acquisition is contemplated for a public purpose and also to legitimise entry into the land so as to ascertain certain facts which may be ultimately relevant in taking decision whether the acquisition of the land is likely to help accomplish the public purpose for which it is proposed to be acquired. To illustrate, before a final decision is taken as regards acquisition of the land, it may be necessary to have a definite idea about the texture of the soil, the sub soil water level, etc, etc. Once the notification under section 4 is issued, any person having interest in such land may within 15 days file his/her objections before the Collector and object to the acquisition of the land or of any land in the locality. THE Collector in terms of 5- A(2) is required to give the objector an opportunity of being heard either in person or by pleader or by a person authorized by him/her and after hearing the objections and after making such further inquiry, if any, as he thinks necessary submit the case for decision to the government. THE Collector alongside the case has also to submit the record of the proceedings held by him and a report containing his recommendations on the objections. THE decision of the government on the objections so filed before the Collector is to be final.