- (1.) TO construct a terminal market, a Notification under section 4 (1) of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) was issued for acquiring 66.85 hectares of land. After issuance of the above notification, looking to the urgency in the matter, a notification under section 6 as also under section 17(4) of the Act was also issued on 27.12.1996. After completing necessary formalities, the Land Acquisition Officer sent the proposed award for approval to the State Government as required under section 11 of the Act. After due notice to all the parties concerned by the State Government, the proposed award was approved by the State Government with certain modifications and consequent to the said approval the award was passed by the Land Acquisition Officer on 26.12.1998. The above award dated 26.12.1998 is under challenge in the present writ petition with a further prayer for de- acquiring of the land in question.
(2.) LEARNED counsel for the petitioner, while heavily relying on the judgments of this Court in the case of Ranbir Dutta vs. State of Rajasthan, decided by a learned Single Judge, reported in 1998 (2) Land Acquisition Laws page 52 and DB Civil Appeal (Writ) No. 1098/2001, Lt General Kundan Singh vs. The State of Rajasthan & Ors., decided by a Division Bench on 29.7.2003, has submitted that the State Government has no powers, whatsoever, to reduce the amount of compensation as proposed by the Land Acquisition Officer. It has been submitted that under section 11 of the Act the State Government has no revisional powers. Mr. B.L. Avasthi, learned counsel appearing on behalf of the respondents, on the other hand, submitted that the whole award has been passed strictly as per the provisions of the Act and further on an application already been made by the petitioner for reference under section 18 of the Act the matter now can only be decided by the competent court for enhancement of the compensation. After having considered submissions of learned counsel for the parties, I have carefully gone through the material on record as also the relevant provisions of the Act. Relevant provisions of section 11 of the Act are reproduced hereasunder:- "11. Enquiry and award by Collector.-[(1)] On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which may any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land and [at the date of the publication of the notification under section 4, sub-section (1)], and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of- (i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him: [Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf:" Section 15-A of the Act is also relevant for the present purpose and the same is reproduced hereasunder:- "[15A. Power to call for records, etc.-The appropriate Government may at any time before the award is made by the Collector under section 11 call for any record to any proceedings (whether by way of enquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such order or issued such direction in relation thereto as it may think fit: Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.]"
(3.) IT may be pertinent to mention here that the proviso to section 11 and section 15-A were inserted by the Act 68 of 1984 w.e.f. 24.9.1984. A bare reading of the provisions as referred to above would show that final award can only be passed after previous approval of the appropriate Government and before making of such award under section 11 the appropriate Government has also powers to call for the record of any proceedings for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such orders or issue such directions in relation thereto as it may think fit provided that the appropriate Government shall not pass any such orders or directions without affording the affected persons a reasonable opportunity of hearing. Admittedly, on an application filed by the Marketing Committee for fixing compensation as per prevalent market rate of the area in question, an opportunity of hearing was given by the State Government to the petitioner and other affected persons in regard to reduction of the compensation as proposed by the Land Acquisition Officer as is evident from the copy of reply filed by petitioner before the concerning authority as submitted along with the writ petition. The final award has been passed by the Land Acquisition Officer only after necessary enquiry been made on the level of the State Government as provided under section 15-A of the Act. In both the judgments, as relied upon by the learned counsel for the petitioner, provisions of the Act as referred above have not been properly considered, more so, the provisions of section 15-A of the Act have not even been referred to at all. ;