- (1.) On March 10, 1965, the Government of Gujarat notified under sec. 4 of the Land Acquisition Act that certain lands were needed for a public purpose, namely, the construction of the capital of the State at Gandhinagar and that Government was satisfied that they were 'arable lands'. Government further directed under sec. 17(4) of the Act that as the acquisition of the said lands was urgently necessary the provisions of sec. 5A of the Act shall not apply in respect of the lands. A list of the lands was appended to the notification. This notification was followed by another on July 31, 1965 under sec. 6 of the Land Acquisition Act and it contained a direction under sec. 1 (1) of the Act, enabling the Collector, on the expiration of 15 days from the publication of the notice under SEC. 9(1) of the Act, to take possession of all arable lands specified in the earlier notification. Both notifications were signed by L. P. Raval, Under Secretary to Government and were shown to be by order and in the name of the Governor of Gujarat.
(2.) Numerous petitions were filed in the High Court of Gujarat under Art. 226 of the Constitution by the owners of the lands affected by the notifications to challenge the validity of the acquisition. One such peti tion was numbered Petition No. 1003 of 1965 and it was typical of all the others. The facts in all the petitions were the same, save the details of the lands, and as the contentions were also the same, the High Court pronounced a common judgment applicable to all, on December 2/5, 1966 and dismissed them. The High Court, however, granted a certificate under Art. 133(1)(c) of the Constitution and the present appeals have been brought. Civil Appeal No. 883 of 1967 arises from the Special Civil Application No. 1003/65 and the other appeals are in the other petitions. This judgment will accordingly dispose of all the appeals.
(3.) Before we consider the arguments we may Sec the relevant provisions of the Land Acquisition Act. The scheme of the Act, which entered into force almost seventy-five years ago, is by now familiar to lawyers and Courts and it is not necessary to refer in detail to it. The High Court has painstakingly analysed the provisions already. We shall refer in passim to what is material to the discussion. Acquisition of land under the Act originally begins with a preliminary inquiry. Government notifies first under sec. 4 that 'land in any locality is needed or is likely to be needed' for a public purpose. Public notices are also given. This enables the officers of Government to enter upon lands to survey them and also enables persons interested to object to the acquisition generally and also particularly in accordance with the provisions of sec. 5A of the Act. After the objections have been considered and Government has satisfied itself on the report or reports of the Collector that a particular land is needed, a second notification is issued under sec. 6 that a parti cular land is needed for the public purpose. This declaration is conclu sive evidence that the land is so needed and Government then proceeds to acquire the land. The procedure is detailed in the sections that follow. Under sec. 9(1) the Collector causes public notices to be given that Government intends to take possession of the lands and that claim to compensation for all interests in lands shall be made to him. Then commence proceedings for the fixation of compensation with the details of which procedure we are not presently concerned. When these proceed ings are completed the Collector makes his award about the true area, the compensation to be allowed, and the apportionment of that compensation among persons known or believed to be interested. When the Collector has made his award (which is made conclusive for certain purposes) sec. 16 enables him to take possession of the lands and the lands vest absolutely in Government free from all encumbrances. This is the long procedure under which possession is taken after the award. There is a shorter procedure for cases of urgency and it is provided in sec. 17. Under this procedure Government in cases of urgency, is enabled inter alia to omit the application of sec. 5A and to notify the lands under sec 6 at any time after the publication of the notification under sec. 4(1). Under sub-sec. (1) of sec. 17, Government can direct the Collector, though no award has been made, to take possession of any waste or arable lands needed for the public purpose, on the expiration of fifteen days from the publication of the notice under sec. 9. Under sub-sec. (4) of the same section Government may direct that in the case of any land to which in its opinion the provisions of the first subsection are applicable, the provisions of sec. 5A shall not apply and if it so directs a declaration may be made under sec. 6 in respect of that land at any time after the notification under sec. 4(1) has been published. It will, therefore, be noticed that the shorter procedure has been followed lure. Before we refer to the grounds on which the action of Government is challenged we may read Secs. 4(1), 6(1) omitting the proviso, and sec. 17. Although we are principally concerned with the first and fourth subsection of the last section we shall be re quired to refer to the remaining subsections, and we shall read the section as a whole: - "4(1) Whenever it appears to appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality." "6(1) Subject to the provisions of Part VII of this Act, when the appropriate Government is satisfied, after considering the report, if any, made under sec. 5A, sub-sec. (2), that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorized to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under sec. 4, sub-sec. (1), irrespective of whether one report or different reports has or have been nude (whenever required) under sec. 5A, sub-sec. (2)." '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 sec. 9 sub-sec. (1) take possession of any waste or arable land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. (2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeSecn emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a riverside or ghat station, or of providing convenient connection with or access to any such station, the Collector may, immediately after the publication of the notice mentioned in sub-sec. (1) and with the previous sanction of the appropriate Government, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances : Provided that the Collector shall not take possession of any building or part of a building under this substation without given to the occupier thereof at least forty-eight hours' notice of his intention so to do or such longer notice as may be reasonable sufficient 4o enable such occupier to remove his movable property from such building without unnecessary inconvenience. (3) In every case under either of the preceding substation the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in sec 24; and, in case such offer is not accepted the value of such crope and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained. (4) In the case of any land to which the opinon of the appropriate Government, the provisions of sub-sec (1) or sub (2) are applicable the appropriate Gavernment may direct that the 3 pov; siotn of ssc 5A siall nit apply, ail, if it does so direct, a djjlaratioa miy be miii unlsr sec. 6 in respect of the land at any tin; after the publication of the notification under sec. 4, sab-sec. (1)";