- (1.) RAJESH Tandon, J. By the present writ petition, the petitioner has challenged the Notification No. 969/pw/2003-06 (Budget)/2003 dated 5-5-2004 issued under section 4 (1) read with section 17 (1) of the Land Ac quisition Act, 1894 and Notification No. 424/1 111 (2)/2005-06 (Budget)/ 2003, Dehradun dated 14th March 2005 issued under section 6 read with section 17 (1) of the Land Acquisition Act 1894, by which the land of the petitioner was acquired for the purpose of extension of Secretariat at Dehradun.
(2.) BRIEFLY stated the petitioner has taken property bearing No. 24 (new No. 16, Block-II), Rajpur Road, Dehradun measuring about 4938. 37 Sq. Meter on perpetual lease from its owner, Mr. Sandeep Goyal on rent of Rs. 10. 000/- per annum and premium rent of 50 years i. e. Rs. 1,50,000/- has been paid by the petitioner to Sri Sandeep Goyal and lease deed dated 22-9-1999 was duly executed before the Sub Registrar, Dehradun. Sri Sandeep Goyal died on 15-10-2003 leaving behind a Will dated 28-6-2003. According to the petitioner the property in question was later on bequeathed in his favour by Sri Sandeep Goyal, there fore, he is the owner and in possession of the property bearing No. 24, (New No. 16, Block-II) Rajpur Road, Dehradun measuring about 4938. 37 Sq. meters. On 5-5-2004, the respond ents issued a Notification under section 4 (1) read with section 17 (1) of the Land Acquisition Act, 1894 for acqui sition of the total land at 24, Rajpur Road, Dehradun measuring about 2. 301 hectare for expansion of Secre tariat in the North of Secretariat at Dehradun which included the land of the petitioner in which a residential house and a wedding point namely Radha Mohan Wedding Point are situ ated. The notification' dated 5-5-2004 was challenged before this Court by way of Writ Petition No. 480 (MB) of 2004, and the same was disposed of by this Court on 30-10-2004 with the fol lowing directions. "in view of the urgency felt, we feel that it will be better for us to fix the programme. Public notice shall, therefore, be given within seven days from today inviting the objec tions. The concerned Land Acquisi tion Officer, who is to hear the ob jections, shall hear them within fif teen days. All the objections shall be filed before the Land Acquisition Officer and the Land Acquisition Officer shall dispose of the matter one way or the other after giving full opportunity of hearing etc. by De cember 2004 or as the case may be earlier thereto. " Thereafter the respondent No. 2, in compliance of the aforesaid order passed by a Division Bench of this Court, invited objections from the concerned parties vide advertise ment published in Dainik Jagaran and Amar Ujala news papers on 6-11-2004. The petitioner filed his ob jections before the respondent no. 2 on 22-12-2004. It is alleged that the respondent no. 2 neither gave any opportunity of hearing to the peti tioner nor disposed of the objec tions. The respondent no. 2 affixed the notification dated 14-3- 2005 is sued under section 6 read with Sec tion 17 (1) of the Land Acquisition Act, on the wall of Radha Mohan Wedding Point. Feeling aggrieved by the im pugned land acquisition proceedings the petitioner has filed the present writ petition before this Court under Article 226 of the Constitution of India. The respondents have contested the writ petition and filed counter affi davit stating that earlier writ petitions Nos. 469 (MB) of 2004 and 480 (MB) of 2004 challenging notification under section 4 (1) read with section 17 (1) of the Land Acquisition Act, were decided vide judgment dated 30-10-2004 and that in the present writ petition also the same notification has been challenged and, therefore, the writ petition is liable to be dismissed on the ground of res judicata. It is also stated that in compliance of the order of High Court in the earlier writ petitions, the respond ent Collector, Dehradun under section 4 (1)/17 of the Land Acquisition Act gave public notice which was widely published in two daily news papers dated 6-11-2004. In response to the said public notice Special Land Acqui sition Officer received objections. The Special Land Acquisition Officer gave time to the objectors to produce evi dence in support of their claims. The petitioner also had filed objection to the acquisition. His main objection was re garding the quantum of compensation. The Special Land Acquisition Officer, after considering the objections and the evidence, rejected the objection on 30-12-2004. A finding was recorded that the acquisition of land is necessary in the public interest as there being ur gency for the State and its machinery to acquire the land for construction of its offices. The land is adjacent to the State Secretariat and more than 80% of the land is vacant.
(3.) THE counsel for the petitioner has submitted that the Government is not competent to issue declaration un der section 6 of the Act after notifica tion under section 4 (1) of the Act, with out disposing of the objections under section 5-A of the Act and without giv ing opportunity of hearing to the af fected persons. THE petitioner has sub mitted that the plea of urgency raised by the respondents is baseless as the High Court in writ petition No. 480 (MB) of 2004 vide order dated 30-10-2004 issued directions to the respond ents to dispose of the objections by De cember 2004 but the respondents with out complying with the order of the High Court, issued impugned notifica tion dated 14-3-2005. THE counsel for the petitioner has submitted that the Collector has not paid eighty percentum of estimated compensation to the petitioner as provided under sec tion 17 (3-A) of the Land Acquisition Act, 1894. He has further submitted that there was no urgency of acquisi tion of the land for the proposed sec retariat. Section 4 of the Land Acquisi tion Act, 1894 provides for preliminary notification and publication of notice for acquisition of land for public pur pose. It reads as under : 4. Publication of preliminary notifi cation and powers of officers there upon- (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notifi cation to that effect shall be published in the official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such no tification to be given at convenient places in the said locality the last of the dates of such publication and the giving of such public notice, be ing hereinafter referred to as the date of the publication of the notifi cation. (2) Thereupon it shall be lawful for any officer, either, generally or spe cially authorised by such Govern ment in this behalf, and for his serv ants and workmen- to enter upon and survey and take levels of any land in such locality; to dig or bore in the sub soil; to do all other acts necessary to as certain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the in tended line of the work (if any) pro posed to be made thereon; to mark such levels, boundaries and line by placing marks and cutting trenches; and, where othep. Wise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away and part of any standing crops, fence or jungle; Provided that no person shall enter into any building or upon any en closed court or garden attached to a dwelling house (unless with -the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. Section 5-A (l) of the Act provides for hearing of objections. It reads as under : 5-A. Hearing of objections - (1) Any person interested in any land which has been notified under section 4, sub section (1) as being needed or likely to be needed for a public purpose or for a company may, within thirty days from the date of the publication of the notification, object to the acquisition of the land or of any land in the lo cality, as the case may be.;