HIGH COURT OF JUDICATURE AT ALLAHABAD
Heard learned counsel for the petitioners and learned
counsel for the respondents.
By means of this writ petition, the petitioners have prayed for a writ of certiorari to quash the notification dated 5.1.2000 issued by the State Government. The Challenge raised is on the ground that in the grab of correction of notification issued on 19.1.1998, the land of the petitioners has been declared under Section 6 of the Land Acquisition Act to have been required which did not find place in the notification dated 19.1.1998. Since the notification dated 5.1.2000 has been issued after one year, as prescribed, after expiry from the date of publication of Notification under Section 4 of the Land Acquisition Act, therefore, Notification under Section 4 of the Land Acquisition Act is void, as proviso 2 Sub section 2 (1) provides that no declaration in respect of any particular Land covered by Notification under Section 4 of the Land Acquisition Act shall be published commencement 1984 shall be made after expiry of one year from the date of publication of notification.
We find no force in the contention of learned counsel for the petitioners and undisputedly from perusal of the notification dated 5.1.2000 reveals that previously the plot of the petitioners has been acquired, situated in estern side of Khasra No. 115 Minzumla have been declared for order of acquisition under Section 7 of the Land Acquisition Act. Therefore, we declare the notification dated 5.1.2000 deserves to be quashed.
Therefore, accordingly the notification dated 5.1.2000 is hereby quashed. In so far as the notification dated 26.2.2002 is concerned it is self speaking. The extract of which is quoted below:-
'Whereas the land measuring 68 Bigha,11 Biswa, 9 Biswansi was needed for a public purpose, namely for the construction of Housing colony under planned development scheme in village Kishanpur, pargana Koll, Tehsil Koll, district Aligarh by the Aligarh development Authority, Aligarh and for the acquisition whereof notification no. 4679/9-A-3-96-491. A/96, dated January 22, 1997 and no 110/9-A-3-98/491-A/96, dated January 19, 1998 were issued respectively by the State Government under sub section(1) of Section 4 and Section 6 of the Land Acquisition Act, 1894 ( Act No.1 of 1894):
And whereas , out of the aforesaid acquired land, the land described and detailed in schedule below, of which neither the possession has been taken in accordance with procedure prescribed by law, nor the compensation has been given, is in the possession of the owner who is running brick kriln thereon, and
By means of this writ petition, the petitioners have prayed for a writ of certiorari to quash the notification dated 5.1.2000 issued by the State Government. The Challenge raised is on the ground that in the grab of correction of notification issued on 19.1.1998, the land of the petitioners has been declared under Section 6 of the Land Acquisition Act to have been required which did not find place in the notification dated 19.1.1998. Since the notification dated 5.1.2000 has been issued after one year, as prescribed, after expiry from the date of publication of Notification under Section 4 of the Land Acquisition Act, therefore, Notification under Section 4 of the Land Acquisition Act is void, as proviso 2 Sub section 2 (1) provides that no declaration in respect of any particular Land covered by Notification under Section 4 of the Land Acquisition Act shall be published commencement 1984 shall be made after expiry of one year from the date of publication of notification.
We find no force in the contention of learned counsel for the petitioners and undisputedly from perusal of the notification dated 5.1.2000 reveals that previously the plot of the petitioners has been acquired, situated in estern side of Khasra No. 115 Minzumla have been declared for order of acquisition under Section 7 of the Land Acquisition Act. Therefore, we declare the notification dated 5.1.2000 deserves to be quashed.
Therefore, accordingly the notification dated 5.1.2000 is hereby quashed. In so far as the notification dated 26.2.2002 is concerned it is self speaking. The extract of which is quoted below:-
'Whereas the land measuring 68 Bigha,11 Biswa, 9 Biswansi was needed for a public purpose, namely for the construction of Housing colony under planned development scheme in village Kishanpur, pargana Koll, Tehsil Koll, district Aligarh by the Aligarh development Authority, Aligarh and for the acquisition whereof notification no. 4679/9-A-3-96-491. A/96, dated January 22, 1997 and no 110/9-A-3-98/491-A/96, dated January 19, 1998 were issued respectively by the State Government under sub section(1) of Section 4 and Section 6 of the Land Acquisition Act, 1894 ( Act No.1 of 1894):
And whereas , out of the aforesaid acquired land, the land described and detailed in schedule below, of which neither the possession has been taken in accordance with procedure prescribed by law, nor the compensation has been given, is in the possession of the owner who is running brick kriln thereon, and
whereas after considering the application made by the
owner of the land described and detailed in the schedule it has been decided to
withdraw the said land from the acquisition thereof;
NOW, THEREFORE, in exercise of the powers under sub section (1) of section 48 of the aforesaid Act, the Governor is pleased to withdraw from the acquisition of the land described and detailed in the Schedule below.
Schedule
----------------------------------------------------------------------------------------------
District Tehsil Pargana Mauja Plot No. Approximate Area to be acquired
1 2 3 4 5 6
Aligarh Koll Koll Kishanpur Bigha Biswa Biswansi
302 01 05 00
303/2 01 15 00
Total 03 00 00
Thus the question of notification dated 5.1.2000 shall not effect the notification dated 26.2.2006 which is based on its own fact that neither possession was take nor compensation was paid. Therefore, it has rightly been reserved.'
The petition is disposed of accordingly.
Order Date:- 20.7.2010
NOW, THEREFORE, in exercise of the powers under sub section (1) of section 48 of the aforesaid Act, the Governor is pleased to withdraw from the acquisition of the land described and detailed in the Schedule below.
Schedule
----------------------------------------------------------------------------------------------
District Tehsil Pargana Mauja Plot No. Approximate Area to be acquired
1 2 3 4 5 6
Aligarh Koll Koll Kishanpur Bigha Biswa Biswansi
302 01 05 00
303/2 01 15 00
Total 03 00 00
Thus the question of notification dated 5.1.2000 shall not effect the notification dated 26.2.2006 which is based on its own fact that neither possession was take nor compensation was paid. Therefore, it has rightly been reserved.'
The petition is disposed of accordingly.
Order Date:- 20.7.2010
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