LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TO construct a terminal market, a Notification under section 4 (1) of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) was issued for acquiring 66.85 hectares of land. After issuance of the above notification, looking to the urgency in the matter, a notification under section 6 as also under section 17(4) of the Act was also issued on 27.12.1996. After completing necessary formalities, the Land Acquisition Officer sent the proposed award for approval to the State Government as required under section 11 of the Act. After due notice to all the parties concerned by the State Government, the proposed award was approved by the State Government with certain modifications and consequent to the said approval the award was passed by the Land Acquisition Officer on 26.12.1998. The above award dated 26.12.1998 is under challenge in the present writ petition with a further prayer for de- acquiring of the land in question.

(2.) LEARNED counsel for the petitioner, while heavily relying on the judgments of this Court in the case of Ranbir Dutta vs. State of Rajasthan, decided by a learned Single Judge, reported in 1998 (2) Land Acquisition Laws page 52 and DB Civil Appeal (Writ) No. 1098/2001, Lt General Kundan Singh vs. The State of Rajasthan & Ors., decided by a Division Bench on 29.7.2003, has submitted that the State Government has no powers, whatsoever, to reduce the amount of compensation as proposed by the Land Acquisition Officer. It has been submitted that under section 11 of the Act the State Government has no revisional powers.

(3.) IT may be pertinent to mention here that the proviso to section 11 and section 15-A were inserted by the Act 68 of 1984 w.e.f. 24.9.1984. A bare reading of the provisions as referred to above would show that final award can only be passed after previous approval of the appropriate Government and before making of such award under section 11 the appropriate Government has also powers to call for the record of any proceedings for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such orders or issue such directions in relation thereto as it may think fit provided that the appropriate Government shall not pass any such orders or directions without affording the affected persons a reasonable opportunity of hearing.