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1973 DIGILAW 290 (ALL)

Gaon Sabha, Bhagwanpur v. Tehsildar and Astt. Collector Requisitioning Authority Tehsil

1973-07-18

HARI SWARUP, Y.NANDAN

body1973
JUDGMENT Hari Swarup, J. - These two Special Appeals have been filed against the judgment of the learned Single Judge by which he dismissed the Writ Petitions filed by Gaon Sabha, Bhagwanpur. The petitions had been filed challenging two orders issued by the Requisitioning authority appointed under the provisions of the Rural Development (Requisitioning of Land) Act, 1948 directing the land included in either of the two orders to be delivered to the Manager, D.A.V. Higher Secondary School, Bhagwanpur. The order was passed under section 3 of the Act. As the two writ petitions were decided by a common judgment by the learned Single Judge we also decide these two appeals by this judgment. 2. The Dayanand Anglo Vedic Higher Secondary School situate in village Roorkee made two applications before the Block Development Officer, Bhagwanpur for requisitioning the plots in question. These applications were made under Section 6 of the Act. One application related to on plot No. 185. The School needed this plot for establishing a demonstrational farm. The school imparts education in agriculture and needed the land for the purpose of establishing an instructional and demonstrational agriculture. The other application related to 13 plots. They constituted a big tank and the tank was claimed by the School for the purpose of establishing a demonstrational farm of pisciculture. Both these applications were forwarded by the Block Development Officer to the Requisitioning authority for necessary action. 3. The Requisitioning Authority instead of dealing with the application under Section 6 of the Act proceeded under Section 3 of the Act. Notices were issued under Section 3 to the Gaon Sabha and after hearing objections, the impugned orders were passed requisitioning the land claimed by the school through the two applications. Dissatisfied with the order the Gaon Sabha filed two writ petitions in this Court. They have given rise to the two appeals before us. 4. After hearing learned counsal for the parties we have come to the conclusion that Special Appeal No. 461 of 1968 arising out of writ petition No. 4174 of 1967 in respect of plot No. 185 should be dismissed and Special Appeal No. 462 of 1948 arising out of writ petition No. 4175 of 1967 relating to other plots be allowed. 5. 5. Learned counsel has contended firstly, that the applications having been made under section 6 of the Act the Requisitioning Authority had no jurisdiction to pass final orders under section 3 of the Act. We see no force in this contention. Sec. 6 permits certain persons to move the Requisitioning Authority to requisition any land for a public purpose. But that does not in any way restrict the power of the Requisitioning Authority to proceed under section 3 of the Act suo motu, for requisitioning the same land. The appellant has suffered no prejudice by action being taken under section 3 as opportunity of hearing had been provided to it by the Requisitioning Authority before final orders were passed. 6. The second contention of the learned counsel for the appellant is that the land was not required for any public purpose and hence the requisitioning orders are invalid. For this purpose the two orders have to be seen separately. One, in respect of the plot which was requisitioned for the purpose of establishing instructional arid demonstrational farm for agriculture purpose and the other through which the land was requisitioned for the purpose of pisciculture. 7. Public purpose has been defined in sec. 2 (2) of the Act as follows: "Public purpose means for and in connection with any for the following subjects, that is to say : (i) ............................. (ii) ...............;................. (iii)......................... (iv) any other object which the State Government may after publication in the Gazette and after considering any objected or suggestion which may be received by notification in the gazette, declare essential for the development of agriculture or improvement of the life of community in areas;" Utilising the powers given to the State Government under section 2 (iv) of the Act the State Government issued a notification on 7-12-57 (No. 4685-R/D. C. 601-50) declaring that (1) the laying of village paths and roads. (2) the establishing of instructional farms attached to village schools, and (3) Panchayatghars or seed stores, to be objects essential for the development of agriculture and improvement of the life of community in rural areas. Hence the instructional farms for the purpose of development of agriculture would be covered by the definition of public purpose, and consequently requisition of the land for the establishment of demonstrational and instructional agriculture farm for the purpose of the village agricultural school would be requisition for a public purpose. Hence the instructional farms for the purpose of development of agriculture would be covered by the definition of public purpose, and consequently requisition of the land for the establishment of demonstrational and instructional agriculture farm for the purpose of the village agricultural school would be requisition for a public purpose. The requisition of land for agricultural farm will, therefore, be valid. 8. The other requisitioning order deals with the land of a tank for the purpose of pisciculture. In our opinion pisciculture cannot be included in the term agriculture and requisition of land for that purpose will not be a requisition for public purpose within the meaning of the Act, and would be beyond the scope of the Requisitioning Authority's jurisdiction. Pisciculture means culture of fish i.e. maintaining of fish and helping in their growth. Agriculture according to Oxford English Dictionary means, the science and art of cultating the soil; including the allied pursuit of gathering in of the crops and the rearing of live stock; tillage, husbandry, farming (in the widest sense). The New International Dictionary defines agriculture as 1 (a) Science or art of cultivating the soil, harvesting crops and raising livestock (b) the science or art of production of plants and animals useful to man and in varying degrees the preparation of these products for man's use and their disposal. The dictionary giving the origin of the word agriculture states that the word is derived from in roots 'ageragri' meaning/field of land and culture meaning culture cultivation. The words agriculture would therefore mean the cultivation of land. It deals with the tilling of the solid for the purpose of harvesting crop and producing plants. The raising of livestock has also been used as a purpose covered by the science of agriculture. When the dictionary in part (b) of definition 1 speaks of animals useful to man it necessarily refers to the livestock mentioned in clause (a) of definition of the word agriculture. The dictionary meanings of the word agriculture, therefore, show that agriculture must be confined to the raising of crop and the livestock and will not include the science of cultivating the fish. A look at the history of agriculture and its practice as given in the Encyclopedia Britannica also it appears that the word agriculture has reference to the cultivation of land and the raising of livestock. A look at the history of agriculture and its practice as given in the Encyclopedia Britannica also it appears that the word agriculture has reference to the cultivation of land and the raising of livestock. Pisciculture is entirely a different subject and is not includable within the scope of agriculture. The Act was framed to requisition and required for the development of agriculture. Under sec. 2 (2) (b) the State Government can declare an object to be a public purpose only when it is essential for the development of agriculture. In our view the meaning of the word agriculture used in the Act cannot inculde within its ambit the term pisciculture. 9. Learned counsel for the respondents contended that as the definition of the word land in the Act includes tank, pisciculture should also be included in the word agriculture. We are unable to agree with this contention because a tank can be requisitioned but the purpose has to be that of development agriculture. The definition of the land including tank does not speak about the purpose the tank has to be utilised, and hence the definition of the land as including tank cannot lead to the conclusion that agriculture includes pisciculture. 10. The requisition of the 13 plots, therefore, cannot be held to be valid and the requisitioning order has to be quashed. 11. In the results Special Appeal No. 461 of 1968 arising out of Writ Petition No. 4174 of 1967 in respect of plot No. 185 is dismissed. Special Appeal No. 462 of 1968 arising out, of writ Petition. No. 4175 of 1967 is allowed. The judgment of the. learned Single Judge in that case is set aside and the requisitioning order of the Requisitioning Authority with regard to the 13 plots for the purpose of pisciculture and directing the delivery thereof to the D.A.V. Higher Secondary School passed under Section 3 of the Act is quashed. In the circumstances the parties are directed to bear their own costs.