Case Note & Summary
The dispute arose from land acquisition proceedings initiated by the State of Rajasthan for the planned development of the city of Jaipur under the Rajasthan Land Acquisition Act, 1953. The appellants were a cooperative housing society and others whose lands were sought to be acquired. The State issued a notification under Section 4 of the Act on 13 May 1960, published in the Rajasthan Gazette on 9 June 1960. No objections were filed under Section 5A of the Act. A declaration under Section 6 was published on 11 May 1961, and notices under Section 9 were issued on 18 July 1961. Claims were filed by 63 persons, including the predecessor-in-title of the appellant in Civil Appeal No. 943 of 1973. An award was made on 9 January 1964 and amended on 9 July 1964 due to certain sale transactions. The appellants filed writ petitions on 23 January 1970, challenging the validity of the notifications dated 13 May 1960 and 11 May 1961 under Sections 4 and 6, and the notices dated 18 July 1961 under Section 9 of the Act. The grounds of challenge included discrimination and the allegation that land was being acquired at negligible price and would be sold at exorbitant price by the Improvement Trust to the public. The Rajasthan High Court dismissed the writ petitions primarily on the ground of inordinate delay, and also rejected the challenges on merits. The appellants then approached the Supreme Court by special leave. The Attorney General argued at the threshold that if the appellants failed on the ground of delay, it was not necessary to go into the other contentions. The Supreme Court relied on its recent decision in Aflatoon & Ors. v. Lt. Governor of Delhi & Ors., (1975) 1 SCR 802, which held that if persons allow the Government to complete acquisition proceedings on the basis that the notification under Section 4 and the declaration under Section 6 are valid and then attack the notification on grounds available to them earlier, it would be putting a premium on dilatory tactics. The Court observed that land acquisition proceedings commence with a notification under Section 4, objections are invited under Section 5A, and thereafter a declaration under Section 6 is made. Any challenge to a notification under Section 4 and a declaration under Section 6 should be made within a reasonable time thereafter. The length of the delay is an important circumstance because of the nature of acts done during the interval on the basis of the notification and declaration. In the present case, the appellants came to Court nine years after the declaration under Section 6. The Supreme Court held that the High Court rightly dismissed the applications on the ground of delay. Accordingly, the appeals were dismissed with costs.
Headnote
A) Land Acquisition - Delay and Laches - Challenge to Notification under Sections 4 and 6 - Rajasthan Land Acquisition Act, 1953, Sections 4,5A,6,9 - The State issued a notification under Section 4 on 13 May 1960 and a declaration under Section 6 on 11 May 1961; writ petitions were filed on 23 January 1970, nine years after declaration and after award. The High Court dismissed the petitions for inordinate delay. The Supreme Court held that any challenge to a notification under Section 4 and a declaration under Section 6 of the Act should be made within a reasonable time thereafter; if persons allow the Government to complete acquisition proceedings on the basis that the notifications are valid and then attack them on grounds available earlier, it would be putting a premium on dilatory tactics. Held that the appeals are dismissed with costs (Paras 1-3).
Issue of Consideration
Whether writ petitions challenging land acquisition notifications under Sections 4, 6 and 9 of the Rajasthan Land Acquisition Act, 1953 filed nine years after the declaration under Section 6 and after the award should be dismissed on the ground of inordinate delay and laches.
Final Decision
The appeals were dismissed with costs. The Supreme Court held that the High Court rightly dismissed the writ petitions on the ground of inordinate delay. Any challenge to a notification under Section 4 and a declaration under Section 6 of the Rajasthan Land Acquisition Act, 1953 should be made within a reasonable time thereafter. Parties who allowed the Government to complete acquisition proceedings on the basis that the notifications were valid and then attacked them on grounds available earlier would be putting a premium on dilatory tactics.
Law Points
- Challenge to notification under Section 4 and declaration under Section 6 of Rajasthan Land Acquisition Act
- 1953 must be made within a reasonable time
- persons who allow government to complete acquisition proceedings on basis that notifications are valid and later attack on grounds available earlier engage in dilatory tactics
- length of delay is important because of acts done during interval on basis of notification and declaration
