TaxTMI 
TaxTMI 
2008 (3) TMI 789
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....d more displaced villagers preferred plots at this Inpun rehabilitation site because amenities like Primary, Middle and High Schools, Panchayat Bhawan etc. were available in this rehabilitation site. The Task Force therefore recommended acquisition of 31.70 hectares of additional land for extension of the Inpun rehabilitation site. On the basis of the recommendation of the Task Force, the Executive Engineer, Narmada Development Division No. 32, Badwah recommended for immediate acquisition of additional land in his proposal dated 29-10-2007. Thereafter, 17.52 hectares of land were acquired by notification dated 7-11-2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') in Revenue Case No. 30/A-82/06-07 but the remaining additional land could not be acquired because of objections of the land owners before issuance of a notification under Section 4 of the Act. The Collector, East Nimar, Khandwa District in his letter dated 7-11-2007 sent a proposal to the Commissioner, Indore Division, M.P. for immediate acquisition of 11.04 hectares of land and the properties standing thereon and for permission for acquisition under Section 17(1) of the Act an....
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....e Court in which it has been held that the right to be heard in an inquiry under Section 5A of the Act is a valuable right of a land owner and this valuable right cannot be dispensed with arbitrarily and without application of mind by the Government under Section 17(4) of the Act to the question whether it is necessary in a particular case of acquisition of land to dispense with the inquiry under Section 5A of the Act. In support of this contention, he relied on decisions of the Supreme Court in Nandeshwar Prasad and Ors. v. U.P. Government and Ors. [1964]3SCR425 , Raja Anand Brahma Shah v. State of U.P. and Ors. [1967]1SCR373 , Ishwarlal Girdharlal Joshi v. State of Gujarat and Anr. [1968]2SCR267 , Narayan Govind Gavale and Ors. v. State of Maharashtra and Ors. [1977]1SCR763 , Om Prakash and Anr. v. State of U.P. and Ors.[1998]3SCR643 , Union of India and Ors. v. Mukesh Hans AIR2004SC4307 , Union of India and Ors. v. Krishan Lal Arneja and Ors. AIR2004SC3582 , Union of India and Ors. v. Deepak Bhardwaj and Ors. AIR 2004 SC 3289. He further submitted that in Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai and Ors. AIR2005SC3520 , the Supreme Court has held that the rig....
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.... in which High Court in exercise of its powers under Article 226 of the Constitution should interfere with the decision of the Government to acquire the additional land by dispensing with the inquiry under Section 5A of the Act. He submitted that the learned Single Judge was therefore right in dismissing the writ petitions by relying on the judgments of the Apex Court in Ramniklal N. Bhutta v. State of Maharashtra and First Land Acquisition Collector v. Nirodhi Prakash (supra). 4. Sub-sections (1) and (4) of Section 17 of the Act are quoted herein below: 17. (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in Section 9, Sub-section (1), take possession of any land needed for public purpose. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. (2) *** *** *** *** *** (3) *** *** *** *** *** (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of Sub-section (1) or Sub-section (2) are applicable, the appropri....
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....initiated to acquire the property and all of a sudden the property was sought to be acquired by dispensing with the valuable right of the owners under Section 5A of the Act. 7. Regarding the scope of judicial review in respect of orders under Sections 17(1) and 17(4) of the Act, the Supreme Court observed in First Land Acquisition Collector v. Nirodhi Prakash Gangoli and Ors. (supra): The question of urgency of an acquisition under Section 17 (1) and (4) of the Act is a matter of subjective satisfaction of the Government and ordinarily it is not open to the Court to make a scrutiny of the propriety of that satisfaction on an objective appraisal of facts. In this view of the matter when the Government takes a decision, taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under Sections 17 (1) and (4) of the Act, and issues notification accordingly, the same should not be interfered with by the Court unless the Court comes to the conclusion that the Appropriate Authority had not applied its mind to the relevant factors or that the decision has been taken by the Appropriate Authority malafide. 8. Keeping in min....
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....s comprised in Survey Nos. 1 to 12 mentioned in the Table. (4) The Executive Engineer has requested for early acquisition of land and the properties thereupon in exercise of Section 17(1), 17 (4) of the Land Acquisition Act, 1894. (5) Therefore, it is requested that permission for application of Section 17(1) may be granted for early acquisition of agriculture land and the properties thereupon as mentioned in Para 3. (6) It is also requested that a separate permission may be granted under Section 17(4) so that without following the provisions of Section 5A, the declaration under Section 6 may be issued immediately after the issuance of notification under Section 4(1). (7) As per above, it is requested that separate permission may be granted for 17 (1), 17 (4) as in aforesaid Paras (5) and (6). Encl. Land Acquisition Proposals, Village Inpun, (Agriculture Land) enclosed table. Sd/7-11-07 S.B. Singh, Collector, East Nimar, Khandwa (M.P.) Office of the Commissioner, Indore Division, Indore No. 1599/5/Court/07, Indore, dated 15-....
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....laced persons of the Omkareshwar Project. The Omkareshwar Project is a dam being constructed for irrigation as well as generation of power in the State of Madhya Pradesh and is a time bound project and law is well settled that before submergence of any village by the dam is allowed, the rehabilitation of the people of the village must be completed. Thus, the nature of the public purpose for which the land was acquired itself warranted invocation of the urgency clause under Section 17(1) of the Act and for this reason, the Collector had made-request in the proposal for permission for application of Section 17(1) of the Act for early acquisition of the agricultural land and the properties situated thereon. 10. It further appears from the proposal contained in the letter dated 7-11-2007 of the Collector that permission was requested not only for application of Section 17(1) of the Act but also under Section 17(4) of the Act so that the provisions of Section 5A of the Act were dispensed with and the declaration under Section 6 could be issued immediately after issuance of notification under Section 4(1) of the Act. The reason for invocation of the provisions of Section 17(4) of the ....