DURGADEVI DHARMARTH TRUST Vs. STATE

JUDGEMENT

(1.) Two notifications dt.19/08/1997 U/s 4 (1) & declaration dt.13/01/1999 made U/s 6 of Land Acquisition Act 1894 ("LA Act") are subject matter of challenge in instant bunch of writ petitions on several grounds; and the controversy since relates to self-same notifications of land acquisition, bunch of petitions were heard together at joint consent, and are being disposed of by present order. It would be necessary to narrate facts in short.

(2.) In order to improve the Train services in Rajasthan and also to meet expectations of public at large and provide more responsive administration, the Railways authority decided to create a new Zone, (North-Western Railway) with Zonal Head Quarter at Jaipur. In this regard, at one stage, the then Railway Minister requested the then Chief Minister of Rajasthan vide letter dt. 30/09/1996 to provide adequate land for constructing residential quarters of staff members and the Office of North-Western Railway Zone on being established. After a long correspondence having taken place with the State authority for making a suitable land available for establishment of Zonal Office and also for residential quarters of staff members, the Commissioner Jaipur Development Authority pursuant to correspondences with the OSD (North Wester Railway) Jaipur informed the Secretary to Transport Department for initiation of acquisition of the land at TodiRamjanipura vide letter dt.28/02/1997 and accordingly, the Secretary to Transport Department informed the Collector, Jaipur vide letter dt.29/03/1997 for initiating the proceedings for acquisition of the land at Todi Ramjanipura and it appears that pursuant to correspondence (supra), Department of Transport, Government of Rajasthan issued the proposed notification dt.19/08/1997 U/s 4(1) of LA Act duly published in Rajasthan Rajpatra dt. 28/08/1997 and in two daily news papers "Rajasthan Patrika" dt.06/09/1997 & "Dainik Navjyoti" dt.07/09/1997 for acquiring different parcel of land in all admeasuring 15.50 hectares of two villages Bindayaka & Todi Ramjanipura (Jaipur district) for establishing office & construction of NorthWestern Railway Zone in Jaipur and staff quarters. Local publication was also made on 10/04/1998 and vide notification dt. 19/08/1997, State Govt. authorised SDO-II/Land Acquisition Officer/Collector, Jaipur & subordinate thereto to enter into the land for the purposes stated therein.

(3.) The notification recited that the land under acquisition is likely to be needed for public purposes for establishment of Zonal Office of North-Western Railway Zone and for construction of residential quarters for the staff members. As a result of notification U/s 4(1) of LA Act, objections were invited U/s 5A from the persons whosoever considered to be interested and submitted objections which were entertained; taking note thereof & after inquiry U/s 5A of LA Act, report was submitted by Land Acquisition Officer ("LAO") on 11/08/1998 and consequently a declaration was made by appropriate Government U/s 6 on 13/01/1999 which was published in Official Gazette on 21/01/1999 and the Sub Divisional Officer Jaipur was authorised to acquire the land. But it is admitted that the land was acquired for the construction of staff quarter for North-Western Railway Zone. After declaration being made, public notices U/s 9 were issued by LAO notifying to the persons interested at convenient places in the said locality in regard to the intent of appropriate Government to take possession of the land and taking note of objections submitted, the Award came to be passed by land Acquisition Officer on 21/03/2011. Both the notifications issued U/s 4(1) & consequential declaration made U/s 6 of LA Act and so also Award dt.21/03/2011 are subject matter of challenge in instant bunch of petitions.