RAJASTHAN HOUSING BOARD AND ORS. ETC. ETC. versus KISHAN AND ORS. ETC. ETC.

RAJASTHAN HOUSING BOARD AND ORS. ETC. ETC. versus KISHAN AND ORS. ETC. ETC.

Where large extents of land are acquired for public purpose and there exist only a few superstructures on a fraction of the land, the Government is not prevented from invoking urgency powers to dispense with Section 5(A) inquiry under Section 17(4), especially when there is material establishing urgency. Mere presence of some constructions does not invalidate the urgency notification, and once possession is taken, withdrawal from acquisition is impermissible.

Parties
Appellant: Rajasthan Housing Board; Appellant: State of Rajasthan; Respondents: Kishan and Ors.
Jurisdiction
India
Judgment Date
27 January 1993
Procedural Posture
Civil Appeals and Writ Petition / Appeal From Rajasthan High Court Full Bench Judgment
Outcome
Appeals allowed; Writ Petition dismissed
Legal Topics
Urgency Clause in Land Acquisition, Dispensing With Section 5(a) Inquiry, De Acquisition Procedures, Possession and Withdrawal of Acquisition
Land Acquisition Administrative Law Urgency Clause in Land Acquisition Dispensing With Section 5(a) Inquiry De Acquisition Procedures Possession and Withdrawal of Acquisition

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Parties

Rajasthan Housing Board

Appellant

State of Rajasthan

Appellant

Kishan and Ors.

Respondents

Procedural Posture

Civil Appeals and Writ Petition / Appeal From Rajasthan High Court Full Bench Judgment

Legal Issues

  1. 1 Whether the Government was justified in dispensing with inquiry under Section 5(A) of the Rajasthan Land Acquisition Act, 1953 by invoking Section 17(4) and (1)
  2. 2 Whether existence of houses and structures on a fraction of the acquired land invalidated the notification under Section 17(4)
  3. 3 Whether Government's communication amounted to a final decision to de-acquire under Section 48 of the Land Acquisition Act, 1894

Ratio Decidendi

Where large extents of land are acquired for public purpose and there exist only a few superstructures on a fraction of the land, the Government is not prevented from invoking urgency powers to dispense with Section 5(A) inquiry under Section 17(4), especially when there is material establishing urgency. Mere presence of some constructions does not invalidate the urgency notification, and once possession is taken, withdrawal from acquisition is impermissible.

Court Disposition

Appeals allowed; Writ Petition dismissed

Orders

  • Full Bench judgment of Rajasthan High Court set aside
  • Notifications under Section 4(1), 17(4), and 6 of the Rajasthan Land Acquisition Act held valid