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        Case ID :

        2011 (11) TMI 880 - SC - Indian Laws

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        Land acquisition objections, company-acquisition procedure, and Article 142 relief were rejected after due consideration and lawful completion. Section 5A confers a valuable right to object to land acquisition, including on suitability and alternative land, but judicial review will not interfere ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Land acquisition objections, company-acquisition procedure, and Article 142 relief were rejected after due consideration and lawful completion.

                          Section 5A confers a valuable right to object to land acquisition, including on suitability and alternative land, but judicial review will not interfere where the objections were duly considered and the selected land was found more suitable on relevant facts. Part VII of the Land Acquisition Act, 1894 does not apply to a State-controlled corporation excluded from the statutory definition of "company", so the special procedure for company acquisitions was inapplicable. Article 142 will not be used to unsettle a lawful acquisition completed after due process and possession, particularly where public purpose has been delayed for years. The acquisition was upheld and the appeal failed.




                          Issues: (i) Whether the consideration of the appellants' objections under Section 5A of the Land Acquisition Act, 1894, including the availability and suitability of alternative land, was vitiated by illegality or irrationality; (ii) Whether Part VII of the Land Acquisition Act, 1894 applied so as to require compliance with the procedure for acquisition for a company; (iii) Whether relief could be granted under Article 142 of the Constitution of India to invalidate the acquisition.

                          Issue (i): Whether the consideration of the appellants' objections under Section 5A of the Land Acquisition Act, 1894, including the availability and suitability of alternative land, was vitiated by illegality or irrationality.

                          Analysis: Section 5A confers a valuable right to object to acquisition and to place before the authorities not only objections to public purpose but also to suitability of the chosen land and the availability of other land. The record showed that the appellants' objections were considered by the Revenue Divisional Officer and by the Government. The alternative land suggested by the appellants was found unsuitable on facts, while the acquired land was adjacent to the existing depot and had better access and utility for expansion of the depot and workshop. The decision-making process was held to be neither irrational nor based on extraneous considerations.

                          Conclusion: The objections under Section 5A were duly and reasonably considered and the challenge on this ground failed.

                          Issue (ii): Whether Part VII of the Land Acquisition Act, 1894 applied so as to require compliance with the procedure for acquisition for a company.

                          Analysis: After the 1984 substitution, the definition of "company" in Section 3(e) of the Land Acquisition Act, 1894 expressly excluded a Government company, while Section 3(cc) separately dealt with corporations owned or controlled by the State. Since the acquiring beneficiary was a State-controlled corporation and not a "company" within Section 3(e), the special procedure in Part VII governing acquisitions for companies was inapplicable.

                          Conclusion: Part VII did not apply, and the acquisition was not invalid for want of compliance with that procedure.

                          Issue (iii): Whether relief could be granted under Article 142 of the Constitution of India to invalidate the acquisition.

                          Analysis: Although the appellants would suffer hardship, the acquisition had been completed long earlier in accordance with law, possession had already been taken, and the public purpose had been stalled for years. Article 142 was held to be an extraordinary power to be used sparingly and not to defeat a lawful acquisition completed after due process.

                          Conclusion: No case was made out for exercise of Article 142 to set aside the acquisition.

                          Final Conclusion: The acquisition was upheld in law, and the appeal failed in its entirety.

                          Ratio Decidendi: Where objections under Section 5A are duly considered and the chosen land is found more suitable on relevant grounds, judicial review will not substitute a different view on suitability; moreover, a State-controlled corporation excluded from the statutory definition of "company" cannot attract the special acquisition procedure for companies under Part VII.


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