STATE OF ORISSA Vs. DHOBEI SETHI

JUDGEMENT

(1.) Though notice has been served on the respondents, no one has appeared in person or through counsel.

(2.) A notification under Section 4 (1 of the Land Acquisition Act (for short, 'the Act') was published on 16/7/1970 acquiring Ac. 2. 02 dec. of land in Surveys Nos. 2309-2316, 2318, 2501, 2506-10, 2530-32 situated at village Pubakhand for the purpose of construction of the Tehsil office building and staff quarters at Niali. Along with the said notification, the appellant invoked the urgency clause under Section 17 (4 of the Act dispensing with the enquiry under Section 5-A of the Act. The declaration under Section 6 of the Act was published on 27/4/1972. Notice under sections 9 and 10 was published in the locality in December 1975 and possession of the land was taken on 16/12/1976. Sometime in 1977 OJC No. 43 of 1977 was filed questioning the validity of the exercise of power under section 17 (4 dispensing with the enquiry under Section 5-A. Similarly, some other owners filed OJC No. 1573 of 1978, claiming interest for part of the land pursuant to a sale made after the notification namely in November, 1973. Both the writ petitions were allowed by the High court on the ground that there was no justification to dispense with the enquiry under Section 5- a and public purpose would have been served by allowing the claimants to submit their objections.

(3.) As regards the second writ petition, namely, OJC No. 1573 of 1978, the petitioner therein cannot raise this objection because he is a subsequent purchaser and that the High court was unjustified in allowing the writ petition.