TMI Blog2004 (11) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... is pending disposal before the Reference Court. Out of the land so acquired, only 424 sq. yds., of land was utilized and the rest of the land remained vacant. The Resident Engineer (Roads Buildings) addressed a letter dated 27.12.1996 to the Land Acquisition Officer (Special Collector) informing him that it was difficult to protect the unused land from future encroachment. Having come to know about this letter, the respondent made representations to the District Collector to re-assign unused land to him and that he was prepared to reimburse the compensation that had been received by him along with interest. He also indicated that he was prepared to give up his claim for enhancement of compensation to that extent of land. There was no response from the collector. The respondent filed a writ petition No. 14062/97 in the High Court seeking a writ of mandamus to the authorities to re- assign the unused land to him. He based his claim on the Standing Order No. 90 (32) of the A.P. Board of Revenue. A learned Single Judge of the High Court disposed of the writ petition on 4.7.1997 directing the District Collector to consider the request of the respondent for re-assigning of the unuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arise for consideration are whether direction could be given to the appellants to re-assign unused land to the respondent which was duly acquired by the authorities and the acquisition proceedings had become final except that the reference is pending before the Reference Court only with regard to enhancement of compensation and whether the Board's Standing Order No. 90(32) and Section 54-A of the Act can be applied for reassignment of the unused land in favour of the respondent. Learned counsel for the appellants contended that once the land is acquired in accordance with law which vests in the Government free from all encumbrances, no direction could be given to re-convey the unutilized land which is part of the acquired land; Section 54-A of the Act is not at all applicable to the facts of the present case; the Standing Order No. 90(32) of the Board of Revenue has no statutory force and at any rate it cannot override the provisions of the Land Acquisition Act and that the Division Bench of the High Court was not correct in observing that the unused land was not sufficient for the purpose of construction of the Mandal Revenue Officer; it was for the concerned authorities t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of railway relinquished lands where a minimum or upset price should be fixed in consultation with Railway Administration before auction. If at the time of sale anybody puts forth his claim in respect of any field either as an adjacent owner, or as an original owner or as heir of the original owner, the sale of that field should be stopped and his claim investigated and disposed of in the manner specified in sub- clause (2) and (3). If it is found that his claim is not proved, the field should be sold by public auction. The amendment to paragraph 32 of Board's Standing Order No. 90(32) brought about by G.O.Ms. No. 783 dated 9.10.1998 reads: For paragraph 32 of B.S.O. 90, the following paragraph shall be substituted, namely:- PARA 32 Utilisation of acquired lands for any other Public Purpose: The land acquired for a public purpose under the Land Acquisition Act, 1894 shall be utilized for the same purpose for which it was acquired as far as possible. In case, the land is not required for the purpose for which it is acquired due to any reason, the land shall be utilized for any other public purpose, as deemed it, including afforestation. Section 54-A of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a public purpose. Otherwise, the land of the Government should be sold only through the public auctions so that the public also gets benefited by getting a higher value. In that case, an extent of 1.94 acres of land was acquired in 1952 for construction of National Highway and the construction was completed in 1955 in 80 cents of land and the balance of land remained unused. The remaining land was sought to be sold to the land owner at the same rate at which the compensation was awarded under Section 11. This again was challenged in the writ petitions. The Government tried to sustain the action on the basis of the executive order issued by the Government for permission for alienation of the land. On these facts, the position of law was made clear in para 4 extracted above. Thus, it is clear that under Section 16 of the Land Acquisition Act, the acquired land should vest in the State free from all encumbrances and that any executive order inconsistent with the provisions of Land Acquisition Act was invalid. Further that if the land is acquired for a public purpose, after the public purpose was achieved, the rest of the land could be used for any other public purpose. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 16 of the Land Acquisition Act, the land acquired vests in the Government absolutely free from all encumbrances; (2) the land acquired for a public purpose could be utilized for any other public purpose; and (3) the acquired land which is vested in the Government free from all encumbrances cannot be re-assigned or re-conveyed to the original owner merely on the basis of an executive order. At the hearing, we specifically asked learned counsel for the respondent whether the Board's Standing Order 90(32) was issued under any particular statute, the learned counsel was not able to point out to any provision of law under which it was issued. He was not in a position to show that the said order bears any statutory force. Even otherwise, as per para 32 of the said order, the land acquired, no longer required for the public purpose for which it was acquired, could not be disposed of in favour of any person other than the citizen of India and that too without the sanction of the Government . If the land acquired for the public purpose is specifically relinquished, such land could be disposed of as stated in the said paragraph. If the land relinquished is likely to be ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the procedure in respect of land acquired for the purpose of public benefit and which is no more required. It is clear from plain and clear language of the said Section that when an agricultural land acquired for public benefit is no longer required, the patta thereof shall be made in the name of the person or his successor from whom such land was acquired provided he consents to refund the compensation originally paid to him. This Section does not say that the agricultural land acquired for public benefit is no longer required for the purpose for which it is acquired. This Section can be attracted only in a case where agricultural land acquired for public benefit is no longer required not necessarily for the specific purpose for which it was acquired. Added to this, that the land is no more required is a decision required to be made by the competent authority. As in the present case, mere letter of Resident Engineer that the unused land is no more required is not enough. When the land is acquired under the Land Acquisition Act which is vested in the State Government free from all encumbrances, the question of reconveying the land as claimed by the respondent could not be accepte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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