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29. The third contention advanced at the hands of the appellants was based on Article 73 of the Constitution. It was submitted, that since “Railways” is a union subject (referable to entry 22 in list I, of the Seventh Schedule), only the Union Government, i.e., the Government of India had executive powers to acquire the land for establishing a zonal office complex and residential quarters for Railway staff for the North Western Railway zone, at Jaipur, in the State of Rajasthan. Article 73 of the Constitution is being extracted hereunder:-

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.” Based on Article 73 of the Constitution, it was the contention of the learned counsel for the appellants, that “Railways” is a Union subject (referable to entry 22 in list I, of the Seventh Schedule). It was accordingly contended, that Parliament has the exclusive power to make laws relatable to matters pertaining to the “Railways”. As such, relying on Article 73, it was submitted, that only the Union Government (the Government of India) could exercise executive power in matters pertaining to the subject “Railways”. Having made a reference to the notification dated 19.8.1997 (issued under Section 4 of the Acquisition Act), and the declaration dated 13.1.1999 (issued under Section 6 of the Acquisition Act) it was pointed out, that the land under reference was acquired “… in the public interest for the purpose of Zonal office, North Western Railway by Central Government (Railways Administration)…”. It was accordingly submitted, that the matter under reference was relatable to a subject with respect to which, only the Parliament had power to make laws. Therefore, the executive power relatable to the acquisition under reference, under the mandate of Article 73 of the Constitution, could only have been exercised by the Central Government. In this behalf it was sought to be emphasized, that all the executive power in the instant process of acquisition, was exercised by the Government of Rajasthan. It was accordingly submitted, that all the orders issued by the State Government, including the notification dated 19.8.1997 and the declaration dated 13.1.1999, were without jurisdiction, and as such, void being ultra vires of Article 73 of the Constitution of India.

33. Article 73 of the Constitution vests in the Central Government executive power, the jurisdiction whereof is exactly the same as jurisdiction vested in the Parliament to make laws. The executive power of the Union, therefore, extends over the subjects on which the Parliament has the power to legislate. Arising out of the executive power referred to hereinabove, emerges one fundamental and unambiguous understanding, namely, executive power vested in the Central Government cannot be exercised in violation of the constitutional provisions referred to above, or as may be ordained by some express legislative enactment. The latter aspect (express legislative enactment), emerges from the proviso under Article 73(1) of the Constitution of India. Therefore, on a subject regulated by legislation, executive power has to be exercised in consonance with the enacted legislation.

34. It is in the background of the conclusions recorded in the aforegoing two paragraphs, that we must understand the scope of executive authority vested in the Central Government under Article 73 of the Constitution. There is no dispute whatsoever, that the subject matter under consideration is regulated by the Acquisition Act. As such, the freedom of executive power vested in the Central Government must be deemed to have been curtailed, so as to be exercised in consonance with the provisions of the Acquisition Act. The preceding proposition is the natural consequence of giving effect to the proviso under Article 73(1) of the Constitution of India. Since the vires of the provisions of the Acquisition Act relied upon by the learned counsel for the appellants have not been assailed, we are inclined to unhesitatingly hold that the procedure contemplated under the Acquisition Act, is liable to be followed in matters pertaining to governmental acquisitions, of private land. In absence of compliance therewith, the process of acquisition made thereunder, would be liable to be set aside. We are of the view, that Sections 4 and 6 lay down mandatory procedural provisions, which require to be followed in letter and spirit, in matters pertaining to acquisition of private lands.