KRISHNA LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners seek a writ of certiorari to quash the impugned notification/notice dated 10. 08. 2007 (Annexure P/6), 7. 12. 2007 (Annexure P/8), 8. 2. 2008 (Annexure P/11) and 14. 3. 2008 (Annexure P/12) and further a writ of mandamus to the respondents restraining the respondents from acquiring the agricultural land in question.

(2.) THE indisputable facts, in nutshell, as projected by the petitioners are that the petitioners are the owner of the disputed land situated at village Bagaud and village banjari, District Dhamtari. Admittedly, a notification under section 4 (1) of the Land Acquisition Act, 1894 (for short `the Act, 1894') was issued on 30th July, 2007 and published in the official gazette on 17th August, 2007 (Annexure R/1)Thereafter, a notification under Section 6 of the Act, 1894 was published in the official gazette on 07. 03. 2008 (Annexure R/2 ). The award consequent thereupon was passed on 17. 04. 2008 (Annexure R/3 ). The petitioners during this period slept over their right and filed the present petition on 09. 05. 2008 after a period of 23 days from passing of the award, questioning the acquisition of the land on the ground that no opportunity of hearing was afforded to the petitioners and no objection of the petitioners were considered.

(3.) BE that as it may, the law on the issue asto whether a writ petition is maintainable after passing of the land acquisition award, is well settled. The petitioners slept over their right for a long period, even after passing of the award. A notification under section 4 (1) of the Act, 1894 was issued on 30. 07. 2007 and no objection was taken by the petitioner. A notification under section 6 of the Act, 1894 was published in the official gazette on 07. 03. 2008 (Annexure R/2 ). The petitioners did nothing during the acquisition proceedings and even after passing the award.