Bombay Provincial Municipal Corporations Act, as applied in Gujarat (Bom- 59 of 1949), 3. 284N - Applicability of s. 54, Land Acquisition Act.

Land Acquisition Act (1 of 1894), s. 5A - If mandatory - Effect of non compliance in case of beneficial schemes.

Section 284 (1) of Chapter VI of the Bombay Provincial Municipal Corporations Act, 1949, as applied in Gujarat, provides that if the Corporation is satisfied that within any area in any part of a city under the Act it is expedient to provide housing accommodation for the poorer classes, it shall cause such area to be defined on a plan and pass a resolution authorising the Commissioner and the Commissioner shall thereupon be empowered to provide such accommodation, Section 284J(a) provides that the Commissioner may, for such purposes, acquire any land including any buildings thereon. Section 284K (1) provides that the Commissioner may, with the sanction of the Standing Committee, be authorised to acquire the land by means of a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to the Act; and s. 284K(3) provides that the provisions of Schedule B to the Act shall have effect with respect to the validity and date of operation of the compulsory acquisition order. Clause 2, Schedule C, provides that before submitting the order to the State Government the Commissioner has to publish the order in the Official Gazette and in three or more newspapers. The Commissioner has also to serve on persons specified in cl. 2(b) notices calling for objections etc. Clause 3 provides that upon compliance with the provisions of cls. 1 and 2 the Commissioner shall submit to the Standing Committee any objections received under cl. 2 and any suggestions he may wish to make in that respect. Under cl. 4, the Standing Committee shall, after consideration of any such objections and suggestions, make such modification in respect of such order as it may think fit and the Commissioner shall thereafter submit the order, as modified by the Standing Committee, to the State Government for confirmation. Clause 2 of Schedule B provides for an appeal to a Judge of the City Civil Court in Ahmedabad and elsewhere to a Judge of the District Court against the order of acquisition confirmed by the State Government. Section 284N referentially incorporates in the Bombay Act certain provisions of the Land Acquisition Act, 1894, as detailed in Appendix I to the Bombay Act. Accordingly all the sections in Part II of the Land Acquisition Act, except s. 4(1), s. 6 and s. 17(2) are bodily incorporated in the Bombay Act. Hence, s. 5A of the Land Acquisition Act, which provides for personal hearing of the objectors to an acquisition, forms part of the Bombay Act.

In pursuance of the authority of the Corporation of the City of Ahmedabad the Commissioner passed an order of compulsory acquisition under s. 2841 published it in the Official Gazette and in local newspapers, and served individual notices on the concerned parties. The appellants, who objected to the acquisition were however, not given any personal hearing by the Commissioner in spite of a request by them. The Commissioner submitted the objections with his suggestions, to the Standing Committee, and the Committee approved the order of compulsory acquisition. The State Government thereafter confirmed the order. The appellants preferred an appeal to the City Civil Court on the basis. Inter alia, of the denial of personal hearing to them; but the Court held that the principles of natural justice were satisfied, and the High Court confirmed the order of the City Civil Court.

Allowing the appeal to this.