Hon'ble MATHUR, J. - (1.) BEING the matters inter connected and arising common question for consideration these petitions are considered by the common judgment.
(2.) BRIEF facts of the case, as per the petitioners, are hat the land under their tenancy came to be acquired for housing purposes by the Rajasthan Housing Board under the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act'). The notification under Section 4 of the Act was published on 2.11.2007 and the declaration under Section 6 of the Act was made on 22.1.2009. The acquisition is assailed on two counts and those are : (i) The declaration as per the provisions of Section 6 of the Act was published on 22.1.2009 i.e. after a lapse of one year from the date of publication of notification under Section 4, thus the declaration and further acquisition of land is bad in view of the second clause of the proviso (i) to Section 6 of the Act. (ii) The declaration as per Section 6 of the Act was made without affording hearing as prescribed under Section 5-A of the Act. As per the respondents, the notification under Section 4 was published on 9.1.2008 and the declaration under Section 6 was made on 7.1.2009, thus, the same is valid and not at all hit by the maximum term prescribed for making such declaration. With regard to the second argument advanced on behalf of the petitioners, the stand of the respondents is quoted below : "II. Contents of this paragraph are wholly wrong and are emphatically denied. The objections submitted by the petitioners and other objectors were duly considered by the State Government before issuing declaration u/Sec. 6 of the Act of 1894 and the State Govt. being satisfied that the land is required to be acquired for public purpose has issued declaration under Section 6 of the Act of 1894. III. Contents of this paragraph are wholly wrong and are emphatically denied. It is further submitted that public notice was duly circulated as envisaged u/Sec. 6 of the Act of 1894. The apart, the petitioners being in knowledge of notification Annexure-5, can not be permitted to take such objections. Moreover no prejudice has been caused to the petitioners on this account as the petitioners are in knowledge of notification Annexure-5. It is further submitted that there is a great shortage of houses in fast growing city of Pali. The Rajasthan Housing Board has so far constructed about 2500 houses for various sections of the society. The Rajasthan Housing Board has been constituted under the Rajasthan Housing Board Act, 1970 to provide cheap and affordable houses for various sections of the Society including the economically weaker sections of the society. The Rajasthan Housing Board works on the principles of "no profit no loss" and, therefore, there is a great demand for the houses constructed by the Rajasthan Housing Board. Presently there is no land lying with the Rajasthan Housing Board for constructing houses at Pali, and there are about 400 registered applicants of different categories who are in queue for about 6 years and many more are waiting for registration scheme to be opened by the Rajasthan Housing Board, therefore, proposals were sent to the State Government for acquisition of the present piece of land which is situated adjacent to the existing New Land Scheme, Rajasthan Housing board, Pali. The State Govt, being satisfied about the public purpose has earlier issued notification Annexure-1 and thereafter issued declaration dated 7.1.2009 u/S. 6 of the Act of 1894." In rejoinder the petitioners have mainly reiterated the facts already stated in the petition. Heard learned counsel for the parties.
(3.) THE first submission of the petitioners does not require much consideration as the facts given by the respondents establishes it well that the declaration as per Section 6 of the Act was made within the term prescribed. However, the second contention deserves lucid (consideration, and looking to that, this court on 15.11.2010 directed the respondents to make available the original record pertaining to the compliance of the provisions of Section 5-A of the Act. THE record called for and provided by learned counsel for the respondents deserves narration in detail. It reveals from perusal of it that at the first instance acquisition of the land measuring 120 bighas and 30 biswas was sought as per Section 27 of the Rajasthan Housing Board Act, 1970, for housing purposes. A detailed note was submitted by the petitioners alleging mala fides, non-genuine public purposes, un-feasibility of land for housing purpose etc. After certain deliberations with the State Minister for Urban and Housing Development a request was made by the housing board to the appropriate government to publish a notification as per Section 4 of the Act and the same was accordingly issued on 2.11.2007. A report as per the provisions of Section 5-A of the Act was sent by Special officer, Urban Development and Housing Department under forwarding letter dated 21.8.2008. THE letter aforesaid reads as under: JUDGEMENT_1023_RAJLW2_2011Image1.jpg A detailed note on basis of the report submitted by the Special Officer was made by the Legal Remembrance on 6.10.2008 with a recommendation to exclude the chunk of land measuring 3.75 bigha and to consider acquisition only for 109.35 bighas. The recommendation aforesaid was made in conformity to the recommendations made by the Special Officer. The appropriate government accordingly on 6.10.2008 sought revised plan. On 2.1.2009 the Legal Remembrance made a note that the last date for making declaration as per the Section 6 of the at was 8.1.200'), therefore, an expeditious decision in the matter is required. The matter then was placed before the Secretary-I, Principal Secretary and the Minister, Department, of Housing and Urban Development on 7.1.2009. The authorities aforesaid just by putting their signatures approved the land acquisition as recommended by the Special Officer and the Legal Remembrance. The declaration impugned then was made on 9.1.2008. It is pertinent to note that certain documents are submitted by the respondents along with their reply as Annexure-R/1/1 and Annexure-R/1/2 but those are not the part of the original record made available to the Court. This may be for the reason that the record produced is of the appropriate government and the documents referred above may be available with the record of the Special Officer being the public notices issued as per the provisions of Section 4(1) of the Act. The notices aforesaid are endorsed to the Divisional Commissioner, Jodhpur; District Collector-Pali, Deputy Housing Commissioner, Rajasthan Housing Board, Jodhpur; Tehsildar Pali, Panchayat Samiti- Pali, Chak No.1; Government School, Pali; Chak No.1, Pali; and Municipal council, Pali. The respondents have also placed on record the forwarding letters as Annexure-R/1/3 under which the notices were sent to the authorities named above. With the factual back-ground narrated above, the second argument of the petitioner deserves consideration. Section 5-A of the Act prescribes that any person interested in any land notified as per Section 4(10 may object the acquisition sought by submitting objections in writing and the following steps then are required to be taken: (i) The Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by pleader. (ii) After making the hearing the further inquiry if necessary the Collector is required to make a report in respect of the land notified. (iii) The report so prepared containing recommendations on the objections along with the record of the land acquisition proceedings is required to be remitted to the government for decision. (iv) The decision of the appropriate government on the objections shall be final. ;