GOVT. EMPLOYIS S. CO OP. H. B. SOCIETY v. UNION OF INDIA
1982-03-31
AVADH BEHARI ROHATGI, LEELA SETH
body1982
DigiLaw.ai
Avadh Behari, J. ( 1 ) APPELLANT Society owned certain lands. Govt. also allotted to it some lands. Govt. then by notification u/s. 4 of L. A. Act acquired all their lands. Then in March, 58, Govt. denotified their 28. 15 acres which included 12 biswas (8+4) in dispute. On 6-11-58, Govt. issued notification u/s. 4 about 31. 72 acres and this included said 8+4 biswas. Then notification u/s. 6, 7 was issued in respect of portion of land on 18-10-63 and another declaration u/s. 6, 7 was made on 3-9-64 about some more land which included said 8+4 biswas. Appellant filed writ on 3-3-65 against notifications of 6-1 1-58 and 3-9-64. Single Judge dismissed the writ and Society filed L. P. A. ( 2 ) IT was held that the Govt. had a right to issue notification on 5-11-58 after notification of 8-3-57. had been declared invalid. Invalidity arose as notification claimed urgency. No infirmity attached to notification of 6-11-58. Notifications u/s. 6, 7 were perfectly valid as these were issued after having and considering the objections of the interested persons. Notification u/s. 4 is reservoir from which portions may be drawn and notified u/s. 6 at different times but within a fixed period. Notification u/s 6 does not exhaust the omnibus S. 4 reservoir. Land Acquisition (Amendment and Validation) Act, 1976, authorises Govt. to make any number of declarations u/s. 6 of different portions of land within a fixed period. Act also validated earlier acquisitions. But if a certain land is notified u/s. 6, a 2nd notification about same land cannot be issued u/s. 6 per B. K. Prakash Mani v. UOI 1975. Rajdhani L. R. 431. 8+4 biswas were not mentioned in notification of 18-12-63. These could thus be notified on 3-9-64. Notification pertaining to this is thus not invalid.