R. Trivedi Vs. State of Maharashtra & Anr  INSC 811 (15 July 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCALE (5)475
O R D
have heard learned counsel for the petitioner.
under Section 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was
published on July 11,
declaration under Section 6 came to be published in the year 1955-56.
Thereafter, as many as 40 awards have been passed determining the compensation.
In this case notice was issued by the second respondent on May 15, 1963 under Section 9 of the Act pursuant
to which the petitioner had filed his objections. Thereafter, the award came to
be made on 13.3.1985. He filed writ petition challenging the validity of the
notification under Section 4(1) and the declaration under Section 6. Primary
contention raised in the writ petition was that the petitioner had not been
given notice under Section 5-A whereas being a sub-lessee, he was an interested
person. The High Court was not impressed with the argument. He further
contended that there was inordinate delay in passing the award. On that
account, notification under Section 4(1) and declaration under Section 6 were
required to be set aside.
contention was also negatived. The learned single Judge by judgment dated February 16, 1996 dismissed the writ petition. On
appeal, the Division Bench in the impugned order dated June 12, 1996 in Appeal No.423/96 confirmed the
learned counsel for the petitioner contended that since the land in an extent
of 567 acres was acquired for public purpose, namely, establishment of IIT,
transfer of 60 acres of land to NITIE by the IIT by a resolution of the
Government, viz., 95 of 1970, dated June 26, 1970 was clearly a fraud on public
purpose. Therefore, the acquisition is not valid in law. In support thereof,
the learned counsel placed reliance on the judgment of Bombay High Court in The
Industrial Development & Investment Co. Pvt. Ltd. vs. State of Maharashtra
& Ors. [AIR 1989 Bom.156] and of Delhi High Court in Union of India vs. Nand Kishore [AIR 1982 Delhi 462]. We find no force in the contention. It is settled law
that the land acquired for public purpose can be transferred to another public
purpose. Paramount consideration will be service of the public purpose. The
NITIE is also one of the public institutions imparting technical education in
the region. Under these circumstances, the transfer of 60.8312 acres of land
handed over to NITIE pursuant to the resolution made by the Government is not
vitiated by any error of law nor the notification under Section 4(1) and
declaration published under Section 6 become bad in law. The aforesaid
decisions bear no relevance.
next contended that in view of the inordinate delay in passing the award, the
acquisition should be required to be quashed. We find no force in the
seen that in Maharashtra State, as per the rules prevailing, pursuant to the notice under
Section 5-A a personal hearing is required to be given to all the owners.
massive acquisition like this, it would be well neigh impossible to the Land
Acquisition Officer to pass the award within a short span of time. Under these
circumstances, necessarily delay had occasioned in passing the awards. The
petitioner had evoked at a belated stage in 1985, after practically 22 years.
The High Court was, therefore, clearly right in refusing to exercise its
discretionary jurisdiction under Article 226 of the Constitution.
SLP is accordingly dismissed.
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