- (1.) In these intra-court appeals, validity of land acquisition by the State Government for the purposes of establishing Zonal Office and Staff Quarters of North-Western Railway has been questioned on various grounds.
(2.) The facts in short are that notification under Section 4 of the Land Acquisition Act, 1894 was issued on 19.08.1997 by Transport Department, Government of Rajasthan for acquiring land at two villages Bindayaka & Todi Ramjanipura, Tehsil Sanganer, District Jaipur. For initiating the acquisition, Shri Ram Vilash Pashwan, the then Minister of Railway, Government of India wrote a letter to the then Chief Minister, Government of Rajasthan on 30.12.1996 informing decisions of the Railway to meet the expectations of public and provide more effective administration, the Railway has decided to create North-Western Railway Zonal Headquarter, at Jaipur for which Office Accommodation, Housing for Staff, and other Ancillary Facilities would be necessary and for that purpose 150-200 acres of land was required, therefore, request was made to the Chief Minister, State of Rajasthan to identify suitable piece of land in area of 150-200 acres at Jaipur and provide the same to the Railway free of cost for setting-up Zonal Office. It was also mentioned that this gesture of the State Government would go a long way in enabling to make zone function early. The O.S.D., North-Western Railway, Jaipur also wrote a letter to the Commissioner, JDA, Jaipur on 15.11.1996 for allotment of land for the aforesaid purpose in front of Getor-Jagatpura Railway Station. Communication was also sent on 12.12.1996 to the Commissioner, JDA to the same effect. The Secretary, JDA, Jaipur also wrote a letter to the Transport Commissioner on 28.2.1997 with respect to acquisition of the land at village Bindayaka & Todi Ramjanipura. Dy. Secretary of the Transport Department wrote a letter dated 29.03.1997 to the Collector, Jaipur, State of Rajasthan informing the decision for initiating the proceedings for acquisition of land of village Bindayaka & Todi Ramjanipura, Tehsil Sanganer. Communication dated 09.05.1997 (Annexure-R/1/7) was written by the North- Western Railway to the Chief Secretary, Government of Rajasthan pointing out the request made by the then Railway Minister. Dy. Chief Engineer, North Western Railway wrote communication dated 11.06.1998 (Annexure-R/1/6) to the Dy. Secretary, Transport Department, State of Rajasthan, Jaipur mentioning that for acquisition of 17.52 hectares of land sanction has already been received from the Ministry of Railway.
(3.) Thus, it is apparent from the aforesaid documents that the Railway has made request to the Chief Minister and it is also apparent that the Railway Ministry has ultimately approved 17.52 hectares of land in the aforesaid villages as mentioned in the aforesaid communications. The Transport Department has also directed the Collector to start acquisition proceedings. After issuance of the Notification under Section 4 on 19.08.1997, enquiry under section 5A was conducted and thereafter, declaration under Section 6 was issued on 13.01.1999 in which purpose of acquisition was mentioned in the same terms as mentioned in the notification under Section 4. The award was passed by the Land Acquisition Officer on 21.03.2001 determining the compensation payable to the land-holders. Four writ petitions were filed in the year 1999 (CWP-1364/99, 3477/09, 3722/99 & 4856/99), one writ petition was filed by Yogesh Chand Arora in the year 2001 (CWP-5260/01) and other writ petitions were filed after the award was passed in the year 2002, 2003 & 2007 (CWP-385/02, 384/02, 2133/03 & 9094/07) questioning the land acquisition on the ground that the State Government could not said to be "appropriate Government" as per the Section 3(ee) of the Land Acquisition Act. It was also submitted that willfully and malafidely land has been chosen for acquisition. Certain land has been left out which belongs to IAS and IPS Officers. Central Government has not issued any notification neither authorization has been obtained from any Government Officers to do the needful. The respondents No.2 & 3 have illegally been authorized by respondent No.1, therefore, actions taken by them of land acquisition are without jurisdiction and void.;