BABU RAM AND ANR.versusSTATE OF HARYANA AND ANR.

                     [2009) 14 S.C.R. 1111


                    BABU RAM AND ANR.                                  A
                                 v.
               STATE OF HARYANA AND ANR.
               (Civil Appeal No. 6864 of 2009)
                      OCTOBER 7, 2009
                                                                       B
      [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.]

      Land Acquisition Act, 1894 - ss. 17 and 5A - Land
acquisition proceedings for construction of Sewage Treatment
Plant(STP) - Notification indicated that the land was required         C
on urgent basis within meaning of sub-section (4) of s.17,
thereby excluding application of s.5A - Appellant-landowners
thus denied opportunity of filing objection under s.5A - They
filed writ petition in High Court which was dismissed - On
appeal, held: Proposed STP situated in vicinity of school and          D
grain market, both hubs of community activities - The project
could have serious consequences on health of general public
of the area - Opportunity should have been given to the
appellants to file objections to the proposed acquisition -
Appellants filed writ petition in an attempt to protect their          E.
constitutional right to property- Since site still lying unutilized,
appellants granted opportunity to file objections to proposed
acquisition under s. 5-A - Respondents to take consequential
steps after disposal of the same.

     Subsequent to acquisition of certain lands in 1995,               F
the State of Haryana issued another Notification in 2005
 under Section 4 read with Section 17(2)(c) of the Land
Acquisition Act, 1894 for construction of a Sewage
Treatment Plant (STP). In the said Notification, it was
indicated that the land was required on an urgent basis                G
within the meaning of Sub-Section (4) of Section 17 of the
Act, thereby excluding the application of Section 5-A of
the said Act. The said Notification under Section 4 was
followed by another Notification in 2006 under Section 6
                               1111                                    H
    1112 SUPREME COURT REPORTS [2009] 14 (ADDL.) S.C.R.


A of the Act. In the said Notification it was also made clear   \-
  that the Land Acquisition Collector-cum- District Revenue
  Officer proposed to take possession of the land in
  question as the land was to be acquired urgently.

        Having been denied the opportunity of filing an
8
    objection under Section 5-A of the Act, the appellants-
    landowners filed writ petition in the High Court
    challenging the two Notifications under Sections 4 and
    6 of the Act. The High Court dismissed the writ petition.
c     In appeal to this Court, two questions arose for
  consideration; firstly whether the provisions of Section
  17(4) of the Act, had been validly invoked by the
  respondents for the purpose of acquiring the lands in
  question for the Sewage Treatment Plant and secondly
D whether the choice of site for setting. up the STP would
  prove to be hazardous for the inhabitants' of the area.

        Disposing of the appeal, the Court
                                                                     •
       HELD: 1.1. If an opportunity had been given to file
E objection's to the proposed acquisition, the second
  question would have been resolved while deciding the
  objections under Section 5-A of the Land Acquisition Act,
  1894. Unfortunately, the provisions of Section 17(4) were
  invoked in relation to a project which could have serious
F consequences to the health of the general public of the
                                                                     ..
  area. Although, it has been urged on behalf of the
  respondents that the decision to set up the three Sewage
  Treatment Plants was in response to a public demand to
  install sewage drains and the present site had been
G chosen to be the most suitable for a STP, it has not been
  denied that the proposed STP is to be situated in the
                                                                t
  vicinity of a school and grain market which are both hubs
  of community activities. [Para 20] [1123-E-G]

H
               BABU RAM AND ANR. v. STATE OF HARYANA AND 1113
                                 ANR.

    1              1.2. In the present case, this Court is not concerned A
              with technicalities but the likelihood of a health-hazard to
              the inhabitants of the area if the STP was set up in the
              acquired site. The stand taken by the respondent that the
              appellants could have filed objections to the proposed
              acquisition is difficult to appreciate since the right to file B
              such objections had, in fact, been taken away by invoking
              the provisions of Section 17(4) of the Act. Such a stand
              taken on behalf of the respondent authorities only serve
    '         to strengthen the case of the appellants that an
              opportunity should have been given to .them to file c
              objections to the proposed acquisition. In various earlier
              cases, it has been emphasized that a right under Section
              5-A is not merely statutory but also has the flavour of
              fundamental rights under Articles 14 and 19 of the
'             Constitution. Great care had to be taken by the authorities D
        +     before resorting to Section 17(4) of the Act and that they
              had to satisfy themselves that there was an urgency of
              such nature as indicated in Section 17(2) of the Act, which
              could brook no delay whatsoever. [Paras 22 and 23)
              (1123-G-H; 1124-A-C, F-G]
                                                                            E
                  1.3. Since Section 5-A of the Act had been dispensed
              with, the stage under Section 9 was arrived at within six
        !--   months from the date of the notice issued under Sections
              4 and 17(2)(c) of the Act. While such notice was issued
              on 23rd November, 2005, the Award under Section 11            F
              was made on 23rd May, 2006. During this period, the
              appellants filed a suit, and, thereafter, withdrew the same
              and filed a writ petition in an attempt to protect their
              constitutional right to the property. It cannot, therefore,
              be said that there was either any negligence or lapse or      G
              delay on the part of the appellants. [Para 23] (1124-G-H;
    ...
              1125-A-B]

                  1.4. The only other aspect of the matter which
              requires consideration is whether the lands in question
                                                                            H
              have already been utilized for the Sewage Treatment
     1114 SUPREME COURT REPORTS [2009] 14 (ADDL.) $.C.R.


A Plant. From the averments made and photographs
  brought to the notice of this Court, it appears that the site
  is still lying unutilized. In such circumstances, it is only
  pr6per that the appellants should get an opportunity to
  file their objections to the proposed acquisition under
B Section    5-A of the Act and the respondents would be at
  liberty to take consequential steps after disposal of the             "
  same. [Para 24] (1125-B-D]

      1.5. Notwithstanding the invocation of Section
  17(2)(c) of the Act in its application to the State, the
                                                                  '
c appellants  will be at liberty to file objections under
  Section 5-A of the Act within a month from the date
  before the concerned authority, who will, thereafter,
  dispose of the same upon giving the objectors, if any, an
  opportunity of hearing and placing their respective
D cases. [Para 25] (1125-E-F]
                                                                  ~


          Union of India v. Krishan Lal Ameja (2004) 8 SCC 453;
     State of Punjab vs. Gurdial Singh (1980) 2 SCC 471 and Om              t
     Prakash v. State of U.P. (1998) 6 SCC 1, relied on.
E
        Union of India v. Mukesh Hans (2004) 8 SCC 14 and
     Municipal Council, Ahmednagar v. Shah Hyder Beig & Ors.
     (2000) 2 sec 48, referred to.
                                                                  ..;
                          Case Law Reference:
.F
         (2004) 8 sec 14             referred to      Para 6
                                                                        \

         (2004) 8 sec 453            relied on        Para 13
         (1980) 2 sec 471            relied on        Para 13
G        (1998) s sec 1              relied on        Para 13
         (2000) 2 sec 48             referred to      Para 18      t·


         CIVIL APPELLATE JURISDICTION : Civil Appeal No.

H
                BABU RAM AND ANR. v. STATE OF HARYANA AND 1115
                                  ANR.

               6864 of 2009.                                                      A

                    From the Judgment & Order dated 14.2.2008 of the High
               Court of Punjab & Haryana at Chandigarh in CWP No. 8332
               of 2006.

                    Pradeep Kr:Ghosh, Chetan Sharma, Abhijeet Chaterjee,          B
               Rana Mukherjee, Shimpy Garg, Arman Sharma, Subodh K.
               Pattan, Dharmendra Kumar Sinha, fo~ the Appellants.

                   Manoj Swarup, Akshat Goel, Ajay Kumar, Rukhsana
               Chaudhary, Nilofar Qureshi for the Respond~nts ..                 c
                    The Judgment of the Court was delivered by


., .,               ALTAMAS KABIR, J. 1. Leave granted .
                    2. The appellants herein are residents of Narwana, District D
               Jind, in the State of Haryana and claim to be the owners of land
               measuring 34 Kanals 2 Marlas situated at Jind Patiala Road
-,
"'1'.          near the Railway Crossing, Narwana, adjoining the New Grain
               Market at Narwana. Subsequent to the acquisition of certain
               lands in the said area in 1995, the State of Haryana issued E
               another Notification dated 23rd November, 2005, bearing
               No.12/8/05-PH 1, under Section 4 read with Section 17(2)(c)
        ;...   of the Land Acquisition Act, 1894 (hereinafter referred to as
               the "L.A. Act"), for construction of a Sewage Treatment Plant.
               In the said Notification, it was indicated that the land was
                                                                                  .F
               required on an urgent basis within the meaning of Sub-Section
               (4) of Section 17 of the L.A. Act, thereby excluding the
               application of Section 5-A of the said Act. According to
               appellants while invoking the emergent provisions under
               Section 17 of the aforesaid Act, no reason was indicated to
                                                                                   G
               exclude the operation of Section 5-A of the Act. The said
        +
               Notification under Section 4 was followed by another
               Notification dated 2nd January, 2006 under Section 6 of the
               L.A. Act. In the said Notification it also was made clear that the
               Land Acquisition Collector-cum-District Revenue Officer, Jind,
               Haryana proposed to take possession of the land in question H
    1116 SUPREME COURT REPORTS [2009] 14 (ADDL.) S.C.R.


A   as the land w~s to be acquired urgently.

        3. Aggrieved by the decision of the State Government to
  acquire the land for construction of the Sewage Treatment
  Plant, the Mitaso Educational Society Narwana, filed a suit
  against the State of Haryana to restrain the defendant therein,
B
  including the State of Haryana from constructing the Sewage
  Treatment Plant in front of the school and on 15th February,
  2006, an interim order was passed in the suit restraining the
  defendants from constructing the said Plant as the same was
  likely to be a health-hazard for the inhabitants of the locality. In
c yet another civil suit filed by one Jagroop against the State of
  Haryana, the Additional Civil Judge, Senior Division, Narwana,
  restrained the defendants by its order dated 12th April, 2006
  from constructing the Sewage Treatment Plant.

D      4. Having been denied the opportunity of filing an objection      ~
  under Section 5-A of the L.A. Act, the appellants also filed a
  writ petition in the Punjab & Haryana High Court challenging
  the two Notifications under Sections 4 and 6 of the L.A. Act on             ~


  several grounds. One of the grounds taken was that the lands
E in question could not be used for the installation of a Sewage
  Treatment Plant owing to its close proximity to the residential
  colony, the New Grain Market and a school in the adjoining
  plots. Furthermore, an earlier Notification issued under Sections      -!
  4 and 6 of the L.A. Act in the year 1995 had also been
F challenged in Civil Writ Petition No.1222 of 1997 before the
  High Court, wherein an order of status quo was passed on 28th
  January, 1997. It has been submitted that the said writ petition
  is still pending disposal in the said High Court. In the
  subsequent writ petition out of which this appeal arises, the
  appellants herein, inter alia, prayed for quashing of the two
G
  Notifications dated 23rd November, 2005 and 2nd January,
                                                                         +
  2006 issued under Section 4 read with Clause (c) of Sub-
  Section (2) of Section 17 ~nd Section 6 of the L.A. Act, 1894
  on the ground that the same were arbitrary and contrary to the
  provisions of the Act. A prayer was also made for a writ in the
H
            BABU RAM AND ANR. v. STATE OF HARYANA AND 1117
                     ANR. [ALTAMAS KABIR, J.]

           nature of Mandamus to direct the respondents in the writ                A
           petition not to dispossess the appellants herein from the land
           in question.

                 5. The writ petition was taken up for hearing on 14th
           February, 2008. Negating the contention of the appellants/writ          B
           petitioners that they had been wrongly deprived of their right to
           file an objection to the proposed acquisition of their lands under
           Section 5-A of the L.A. Act, the Writ Court came to the
           conclusion that the provisions of Section 4 read with Section
           17 had been religiously observed and followed by the
           Notification under Section 6, pursuant to which Award was
                                                                                   c
           announced on 23rd May, 2006.

                 6. While dismissing the writ petition, the High Court sought
            to distinguish the decision of this Court in Union of India vs.
      .,    Mukesh Hans [(2004) 8 SCC 14), which had been cited on                 D
            behalf of the writ petitioners/appellants herein in support of their
            contention that the right given to a land owner or person
...         interested in the land was not an empty formality but a
            substantive right which could not be taken away, except for
            good and valid reason within the limitations prescribeq under          E
           ·Section 17(4) of the L.A. Act, 1894. In the said decision, this
            Court had pointed out that mere existence of an urgency or
            unforeseen emergency was not sufficient in itself to dispense
           with the provisions of Section 5-A of the aforesaid Act. The said
            right could be dispensed with only after the appropriate               F
            Government forms an opinion that along with the existence of
            urgency under Section 17(1) or unforeseen emergency under
            Section 17(2), there was also a need to dispense with the
           provisions of Section 5-A.

                 7. The Special Leave Petition (now Civil Appeal) has been         G
           filed by the appellants questioning the dismissal of their writ
           petition.

              8. Appearing in support of the appeal, learned Senior
           Advocate Mr. Pradip Ghosh, submitted that the present                   H
    1118 SUPREME COURT REPORTS (2009] 14 (ADDL.) S.C.R.


A acquisition proceeding was the second phase of acquisition              ~-


  of land purportedly for the purpose of setting up a Sewage
  Treatment Plant (STP). He submitted that similar Notifications
  under Sections 4 and 6 of the L.A. Act, 1894 had been
  published in 1995-96 for acquisition of land, measuring 42
B acres, 2 kanals, 8. 75 marlas, belonging to the appellants and
  adjoining the lands now sought to be acquired under the
  Notification dated 23rd November, 2005 issued under Section
  4 read with Sections 17(2)(c) and 17(4) of the aforesaid Act,
  for the. selfsame purpose.
c         9. As will be evident from the aforesaid Notification, the
    provisions of Section 5-A were dispensed with. Thereafter, on
    2nd January, 2006, a Notification under Section 6 of the Act __
    was issued indicating the intention of the Respondent No.2 to
    take possession of the land immediately. The said Notification
D   was followed by a Notification under Section 9 dated 5th May,         ~
    2006 mentioning that the Award of the acquisition would be
    pronounced on 23rd May, 2006. Mr. Ghosh submitted that in
    view of the said Notification under Section 9 of the above Act,
    the appellants were advised to file a suit before the Civil Judge
E   (Senior Division), Narwana, to restrain the respondents from
    constructing a STP as the same would be a health hazard for
    the inhabitants of the locality. Such suit was filed on 15th
    February, 2006. Subsequently, another suit for the same reliefs        A,

    was filed by one Jagroop on 12th April, 2006, before the
F   learned Additional District Judge (Senior Division), Narwana,
    who was pleased to restrain the respondents from constructing
    the STP. In addition to the above, the appellants filed Writ
    Petition CWP No.8332 of 2006 before the Punjab and Haryana
    High Court, praying for quashing of the Notification dated 23rd
G   November, 2005 and for restraining the respondents from
    dispossessing the writ petitioners. It is out of the final disposal
                                                                              -r-
    of the said writ petition that the present appeal has arisen.

        10. Initially, the High Court directed the parties to maintain
    status quo with regard to the writ petitioners' lands.
H
             BABU RAM AND ANR. v. STATE OF HARYANA AND 1119
                      ANR. [ALTAMAS KABIR, J.]


-
    -.I
           · Subsequently, as indicated hereinabove, the writ petition was       A
             dismissed on 14th April, 2008.

                  11. Mr. Ghosh submitted that no urgency of such
            compelling nature had been disclosed by the respondents that
            warranted the invoking of Section 17(4) of the L.A. Act, 1894.
                                                                                 B
            On the other hand, by denying the appellants the opportunity of
            filing objections under Section 5-A of the L.A. Act, 1894, the
            respondents had tried to play down the fact that the STP was
            being constructed next to a school and grain market which
            would prove to be a health-hazard, not only for the students of
            the school, but for the inhabitants of the area in general.          c

                  12. In addition, Mr. Ghosh also submitted that in the plan
            which had been prepared by the Town Planning Department, it
            had been shown that the lands to be acquired were to be used
      .,    for residential and commercial purposes and another plot had         D
            been earmarked for the Sewage Treatment Plant. The change
            of user and the setting up of a STP would severely prejudice
            the local inhabitants.
                  13. In support of his submissions that certain parameters      E
            have to be followed by the acquiring authorities for the purpose
            of invoking the provisions of Section 17(4) of the L.A. Act, Mr.
            Ghosh firstly referred to the decision of this Court in Union of
            India vs. Krishan Lal Ameja [(2004) 8 SCC 453), wherein while
            dealing with a similar situation, this Court observed as follows:-   F

                "16. Section 17 confers extraordinary powers on the
                authorities under which it can dispense with the normal
                procedure laid down under Section 5-A of the Act in
                exceptional case of urgency. Such powers cannot be lightly
                resorted to except in case of real urgency enabling the· G
                Government to take immediate possession of the land · ·
                proposed to be acquired for public purpose. A public
                purpose, however laudable it may be, by itself is not ·
                sufficient to take aid of Section 17 to use this extraordinary ·
                power as use of such power deprives a landowner of his H
    1120 SUPREME COURT REPORTS [2009] 14 (ADDL.) S.C.R.


A       right in relation to immovable property to file objections for
        the proposed acquisition and it also dispenses with the           ...
        inquiry under Section 5-A of the Act. The authority must                 ,,
        have subjective satisfaction of the need for invoking
        urgency clause under Section 17 keeping in mind the
B       nature of the public purpose, real urgency that the situation
        demands and the time factor i.e. whether taking
        possession of the property can wait for a minimum period
        within which the objections could be received from the
        landowners and t_he inquiry under Section 5-A of the Act
c       could be completed. In other words, if power under Section
        17 is not exercised, the very purpose for which the land is
        being acquired urgently would be frustrated or defeated.
        Normally urgency to acquire a land for public purpose does
        not arise suddenly or overnight but sometimes such
        urgency may arise unexpectedly, exceptionally or
D
        extraordinarily depending on situations such as due to
        earthquake, flood or some specific time-bound project            ,•
        where the delay is likely to render the purpose nugatory
        or infructuous. A citizen's property can be acquired in
        accordance with law but in the absence of real and genuine              '\

E       urgency, it may not be appropriate to deprive an aggrieved
        party of a fair and just opportunity of putting forth its
        objections for due consideration of the acquiring authority.
        While applying the urgency clause, the State should indeed
        act with due care and responsibility. Invoking urgency
F       clause cannot be a substitute or support for the laxity,
        lethargy or lack of care on the part of the State
        administration."

       Referring to two other decisions of this Court in (1) State
G of Punjab  vs. Gurdial Singh [(1980) 2 SCC 471]; and (2) Om
  Prakash vs. State of U.P. [(1998) 6 SCC 1], this Court also
  observed that it was fundamental that compulsory taking of a
  man's property is a serious matter and the smaller the man the
  more serious the matter. In fact, in Om Prakash's case (supra),
  this Court went one step further in observing that according to
H
-t
           BABU RAM AND ANR. v. STATE OF HARYANA AND 1121
                    ANR. [ALTAMAS KABIR, J.]
     _.
          the decision in Gurdial Singh's case (supra), enquiry under           A
          Section 5-A is not merely statutory, but also has a flavour of
          fundamental rights under Articles 14 and 19 of the Constitution.

              14. Various other decisions in the same vein were cited
          by Mr. Ghosh which only go to reiterate the propositions laid         B
          down in the above-mentioned cases.

               15. It was lastly submitted by Mr. Ghosh that in the Written
          Statement filed on behalf of the respondents herein before the
          Punjab & Haryana High Court in the Writ Petition filed by the
          appellants, nothing has been disclosed with regard to urgency         c.
          which prompted the said respondents to take recourse to the
          provisions of Section 17(4) of the L.A. Act, 1894. On the other
          hand, in paragraph 6 of the said Written Statement it has been
          sought to be mentioned that if the appellants herein had any
          grievance with regard to the impugned Notification under              D
      "   Section 4, it was the duty of the appellants to have filed
          objections. It was further stated that having failed to file
          objections, the appellants had waived their right since the
          respondents had never denied the appellants their right to file
          objections. Mr. Ghosh submitted that such a stand clearly             E
          reveals the non-application of mind by the concerned
          authorities since invocation of Section 17(4) of the L.A. Act
          prevented the appellants from filing objections. Mr. Ghosh
          submitted that the respondents ought not to have dealt with the
          matter in such .a perfunctory manner since the appellants had         F
          no other forum to vindicate their grievances relating to the
          compulsory acquisition of their lands.

                16. Appearing for the State of Haryana, Mr. Manoj Swarup,
          learned Advocate, denied the allegations of malafides made
          on behalf of the appellants and contended that it was, in fact,       G
          the appellants who were guilty of having suppressed the
          extremely relevant fact that they had filed a Civil Suiti(\ respect
          of the self-same cause of action in the Court of the Additional
          Civil Judge (Senior Division), Narwana, in which they had
          prayed for a decree of permanent injunction to restrain the           H
    1122 SUPREME COURT REPORTS [2009] 14 (ADDL.) S.C.R.

A respondents herein from constructing the STP in any direction          ..
   near the school run by the appellants in the name and style of             •
   'Chaudhary Devi Lal Memorial Public School, Uklana Road,
          1
                                                                              '.


   Narwana. Mr. Swarup submitted that although the Written
   Statement filed on behalf of the Respondent Nos.1 and 2 had
B  been  amended, the same was not placed on the record and
   only the unamended Written Statement was filed. Mr. Swarup
  then contented that, in fact, the Written Statement had never
   been amended, but an Additional Written Statement had been
  filed on account of amendment effected to the writ petition. From
c paragraph 6 of the Additional Written Statement, Mr. Swarup
  pointed out that not one but three STPs were planned at
  different locations at Narwana for which three different sites had
  been acquired. The STP forming the subject matter of the
  present appeal is, in effect, only 9ne of them. The decision to
  set up such a STP was the result of accumulation of sewage
D
  water which had the ultimate effect of polluting the ground water.
  It was submitted that the site in question for the construction of
  the STP had been selected after a thorough survey of the area
  in which the land in question was found to be most suitable.
  Mr. Swarup urged that the decision to set up STPs in Narviana
E was in response to a public demand for the laying down of a
                                                                              -
  Sewage Treatment Plant since the local inhabitants were facing
  great difficulty in dealing with the accumulation of sewage
  water. It was submitted that the interests of a few as
  represented by the appellants, would have to give way to the
F larger public interest to benefit the entire population of the area.

       17. It was also submitted by Mr. Swarup that the suit in
  question had been withdrawn after objections had been taken
  by the respondents, but no liberty had been asked for or taken
G for commencing a fresh proceeding on the same cause of
  action. Mr. Swarup also questioned the locus standi of the             -1

  school to file a suit in respect of the land belonging to the
  appellants.

         18. In conclusion, Mr. Swarup referred to the decision of
H
           BABU RAM AND ANR. v. STATE OF HARYANAAND1123
                    ANR. [ALTAMAS KABIR, J.]
     1    this Court in Municipal Council, Ahmednagar vs. Shah Hyder           A
          Beig & Ors. [(2000) 2 SCC 48), which dealt with the question
;'        of delay in challenging the notice issued under the Land
          Acquisition Act, 1894. In the said decision, this Court held that
          long after the Award had been passed in the L.A. proceedings
          and compensation had been made over to the Requiring                 B
          Authority, a writ petition challenging the notices issued under
          Sections 4 and 6 of the L.A. Act was not maintainable. Mr.
          Swarup urged that in the facts and circumstances of the case,
          no interference was called for with the decision of the High
          Court.                                                               c
               19. From the submissions advanced on behalf of the
          parties and the materials on record, two points emerge for
          decision in the instant appeal. The first point to be considered
          is whether the provisions of Section 17(4) of the L.A. Act, 1894,
          had been validly invoked by the respondents for the purpose          D
          of acquiring the lands in question for the Sewage Treatment
          Plant. The other point which is linked with the first point is
          whether the choice of site for setting up the STP would prove
          to be hazardous for the inhabitants of Narwana.
                                                                               E
               20. If an opportunity had been given to file objections to
          the proposed acquisition, the second question would have been
     ,_   resolved while deciding the objections under Section 5-A of the
          L.A. Act, 1894. Unfortunately, the provisions of Section 17(4)
          were invoked in relation to a project which could have serious       F
          consequences to the health of the general public of the area.
          Although, it has been urged on behalf of the respondents that
          the decision to set up the three. Sewage Treatment Plants at
          Narwana was in response to a public demand to install sewage
          drains and the present site had been chosen to be the most
          suitable for a STP, it has not been denied that the proposed         G
     'f
          STP is to be situated in the vicinity of a school and grain market
          which are both hubs of community activities.

              21. In the present case, we are not concerned with
          technicalities but the likelihood of a health-hazard to the          H
    1124 SUPREME COURT REPORTS [2009) 14 (ADDL.) S.C.R.


A inhabitants of the area if the STP was set up in the acquired          \-
   site. The stand taken by the respondent that the appellants could
   have filed objections to the proposed acquisition is difficult to
   appreciate since the right to file such objections had, in fact,
   been taken away by invoking the provisions of Section 17(4)
B  of the L.A. Act. Such a stand taken on behalf of the respondent
   authorities only serve to strengthen the case of the appellants
  ·that an opportunity should have been given to them to file
   objections to the proposed acquisition. As indicated
   hereinabove in the various cases cited by Mr. Pradip Ghosh
   and, in particular, the decision in Krishan Lal Arneja's case
c (supra),   in which reference has been made to the observations
   made by this Court in Om Prakash's case (supra), it has been
   emphasized that a right under Section 5-A is not merely
   statutory but also has the flavour of fundamental rights under
   Articles 14 and 19 of the Constitution. Such observations had
D
   been made in reference to an observation made in the earlier
   decision in Gurdial Singh's case (supra) and keeping in mind
                                                                        "
   the fact that right to property was no longer a fundamental right,
   an observation was made that even if the right to property was
                                                                              ....
   no longer a fundamental right, the observations relating to
E Article 14 would continue to apply in full force with regard to
   Section 5-A of the L.A. Act.
        22. The observations made both in Gurdial Singh's case
  (supra) and in Om Prakash's case (supra) assign a great deal          ·'
F of importance to the right of a citizen to file objections under
  Section 5-A of the L.A. Act when his lands are being taken over
  under the provisions of the said Act. That in the said decisions,
  such right was elevated to the status of a fundamental right, is
  in itself sufficient to indicate that great care had to be taken by
G the  authorities before resorting to Section 17(4) of the L.A. Act.
  and that they had to satisfy themselves that there was an
  urgency of such nature as indicated in Section 17(2) of the Act,
  which could brook no delay whatsoever.

         23. Since Section·5-A of the L.A. Act had been dispensed
H
              BABU RAM AND ANR. v. STATE OF HARYANA AND 1125
                       ANR. [ALTAMAS KABIR, J.]
       .     with, the stage under Section 9 was arrived at within six months       A
             from the date of the notice issued under Section 4 and 17(2)(c)
             of the L.A. Act. While such notice was issued on 23rd
             November, 2005, the Award under Section 11 was made on
__..         23rd May, 2006. During this period, the appellants filed a suit,
             and, thereafter, withdrew the same and filed a writ petition in        B
             an attempt to protect their constitutional right to the property. It
             cannot, therefore, be said that there was either any negligence
             or lapse or delay on the part of the appellants.

                  24. The only other aspect of the matter which requires
             consideration is whether the lands in question have already            c
             been utilized for the Sewage Treatment Plant. From the
             averments made and photographs which were brought to our
             notice, it appears that the site is still lying unutilized. In such
             circumstances, we consider it only proper that the appellants
        •,   should get an opportunity to file their objections to the proposed     D
             acquisition under Section 5-A of the L.A. Act and the
             respondents would be at liberty to take consequential steps
             after disposal of the same.

                  25. We, accordingly, dispose of the appeal by directing           E
             that notwithstanding the invocation of Section 17(2)(c) of the
             L.A. Act in its application to the States of Punjab and Haryana,
       ,,    the appellants will be at liberty to file objections under Section
             5-A of the L.A. Act within a month from the date before the
             concerned authority, who will, thereafter, dispose of the same         F
             upon giving the objectors, if any, an opportunity of hearing and
             placing their respective cases.

                 26. The learned Advocate for the appellants is directed to
             communicate this order to the L.A. Collector-cum-District
             Revenue Officer, Jind, Haryana, within a week from the date.           G

                 27. There will be no order as to costs.

             8.8.8.                                      Appeal disposed of.
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