LexJAI NARAIN AND ORS. ETC. ETC. versus UNION OF INDIA
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.. JAI NARAIN AND ORS. ETC. ETC. v .. UNION OF INDIA NOVEMBER 29, 1995 [KULDIP SINGH AND S. SAGHIR AHMAD, JJ.) Land Acquisition Act, 1894-Sections 4, 6 and 17(4)-Notifications · unde~Validity of-Expressions 'is needed' and 'is likely to be needed'-Ac- tion u/sl7(4)-Existence of urgency must be reflected in need of aquisition- Scope of inteiference by courts-Acquisition for constrnction of Sewage treat- ment plant in Delhi-Emergency provisions rightly invoked-Whatever may be user of land under Master Plan and Zonal Development Plan--State can always acquire the land for public purpose. A B c The Petitioners challenged the notifications dated 6.1.1995 and 9.3.1995 u/ss 4, 6 and 17 ( 4) of the Land Acquisition Act, 1894. The land in D dispute was being acquired for a public purpose namely for setting up of pumping station/sewerage treatments plant (STP) for the planned develop- ment of Delhi. The provisions of sub-section (1) of Section 17 had been applicable and the enquiry u/s 5-A had been dispensed with. The petitioners challenged the acquisition proceedings on the ground that E there was no urgency and as such the provisions of Section 17(4) of the Act could not be invoked and the right of the landowners to file objections u/s 5-A could not be taken away and there was no application of mind on the part of the Lt. Governor ofNCT and that the land in dispute was shown in the Master Plan and Zonal Development Plan as agricultural green whereas it was being acquired for the public purpose of setting up the STP, therefore, the acquisition was contrary to the Master Plan and the Zonal Development Plan . Dismissing the writ petitions, this Court F HELD : 1.1. The power under Section 4 or" the Land Acquisition Act G can be exercised when it appears to the Government that the "land in any locality is needed for for any public purpose". The expression"is needed" indicates the existing need whereas the expression "is likely to be needed" refers to the future r.eed. When the later expression is used in the notifica- tion under Section 4 ofthe Act it may be suggestive of the fact that there H 769 770 SUPREME COURT REPORTS (1995] SUPP. 5 S.C.R. A , may not be emergency to acquire the land, but the question of urgency cannot be determined solely by the expressions used in the notification under Section 4 of the Act. The emergency must be reflected in the need of the acquisition. The existence of urgency is a matter which is entirely based on the subjective satisfaction of the Government. The courts do not inter- B fere unless the reasons given are wholly irrelevant and there is no applica- tion of mind. When a notification under Section 4 of the Act uses the expression "is likely to be needed" it may be necessary, in a given case to examine the records or the attendant circumstances to satisfy that there was material before the Government justifying the order under Section 17, dispensing with the provisions of Section 5-A of the Act. If the public C purpose on the face of it shows that the land is needed urgently, that by itself is a relevant circumstance for justifying the action under Section 17(4) of the Act. [773-E-H; 774-A-B] State of U.P. v. Smt. Pista Devi and Ors. Etc. Etc., AIR (1986) SC 2025, D relied on. E 1.2. This court was monitoring the constructions of Sewage Treat- ment Plants (STPs) in various parts of Delhi in the public interest proceedings. The land in dispute-Keshavpur STP - is being acquired under the directions of this Court. Even the impugned notifications under Section 4 read with 17 and Section 6 of the Act have been issued under the directions of this Court. This Court repeatedly indicated in the or- ders/directions that there was urgency in taking over the possession of the land, under acquisition, for the construction of STP at Keshavpur. The · authorities were directed to take up the work of land acquisition and F construction of STP's on war-footing. "Likely" in the background of the this Court's orders passed from time to time for a time bound programme for setting up the STPs means, for purposes of this case, "certainly" and "urgently". [779-G-H; 780-A-B] 1.3. Delhi - the capital of India - one of the world's great and historic G cities has come to be listed as third/fourth most polluted and grubbiest city in the world. Apart from air- pollution, the waters of river Yamuna are wholly contaminated. It is a paradox that the Delhites
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