RAMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CORE question springing up for consideration in all these writ petitions is:- Whether after taking possession of the acquired land, the State Government can de-acquire it under section 48 of the Land Acquisition Act (for short `the Act')?

(2.) THIS question arises in the circumstances set out below:- A notification under section 4 of the acquisition of land in question was published on May 25, 1993. The Land Acquisition Officer (LAO) filed his report under section 5a of the Act on July 30, 1993 recommending acquisition of entire land. Thereafter notification under section 6 read with Section 17 (1) (4) was published on September 24, 1993. The petitioners were asked vide notices issued under section 9 (1) of the Act to file their respective claims. The petitioners thereafter filed their claims. Compensation was assessed vide order dated November 30, 1993 under section 17 (3a) of the Act. Interim market value was assessed by the LAO which was paid to the petitioners in writ petitions No. 701/1996 and 285/1996 but the amount of 80% compensation under section 17 (3a) was not paid to the petitioners in writ petition No. 156/1995. On April 8, 1994 the possession of the entire land covered by the notification was taken. But on September 1, 1995 the LAO passed a draft award and sent the same for approval to the State Government. It was recommended that the rate of market value for the land already converted for residential and commercial purposes be reduced at par with that of the value of agricultural land and excess amount paid be recovered back. The State Government, thereafter, on the request of Rajasthan State Electricity Board (RSEB) diminished the acquired area from 6. 80 hactares to 3. 64 hactares. The State Government approved the award to the extent of the request of RSEB. The final award was announced on October 26, 1995, whereby following land was released from acquisition:- (i) Khasra No. 1358/1425 area 0. 06 hactares (ii) Khasra No. 1400 area 0. 13 hactares (iii) Khasra No. 1358 area 0. 53 hactares (iv) Khasra No. 1389 area 1. 49 hactares (v) Khasra No. 1399 (9) area 0. 02 hactares Against this award, reference application was filed which was decided by the Civil Court on December 17, 1999 in favour of objectors. The RSEB filed appeals against the award dated December 17, 1999. In the meanwhile LAO issued notices for recovery of excess amount paid to the petitioners. Hence these writ petitions have been filed by the petitioners challenging the final award dated October 26, 1995 and act of de-acquisition of land, possession of which had already been taken.

(3.) IN Mandir Shree Sitaramji Vs. Land Acquisition Collector (AIR 2005 SC 3581), wherein possession of land had already been taken, the Apex Court held as under:- (Para 16) "16. Even otherwise, we have seen the scheme sought to be relied upon. We find from the scheme that it only applies in respect of persons/ agencies who own and possess the land. IN this case possession of the land had already been taken. The scheme also categorically states that the scheme would not take away the rights of the Delhi Development Authority to acquire for development of Delhi. Thus the Scheme was not applicable to lands of the Appellants. Even under section 48 of the Land Acquisition Act once possession is taken the Government cannot withdraw from the acquisition. We thus see no substance in this contention also. "