SHRADDHA THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the notification dated 26th July, 2005 (Annexure P-1) under provisions of Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act, 1894'), and the notification dated 16th November, 2005 (Annexure P-2) under provisions of Section 6 of the Act, 1894.

(2.) THE facts, in nutshell, are that the respondent No. 2, i.e., the Collector, Jagdalpur, in exercise of his power as Deputy Secretary to the Government, caused a notification under provisions of Section 4(1) of the Act, 1894, published in the Official Gazette on 26th July, 2005 for proposed acquisition of 20.29 acres of land in Village Hatkachora, Patari Halka No. 60(A), Jagdalpur, District Bastar, wherein the petition scheduled land, owned by the petitioners is situated. THEreafter, a notification under provisions of Section 6 of the Act, 1894 was issued on 16th November, 2005. THEreafter, a notice under Section 9 of the Act, 1894 was issued.

(3.) THE respondent No. 4, in its return dated 2nd July, 2009 submits that the award was passed on 21st of November, 2006 (Annexure P-5) before filing of the present writ petition. Compensation has also been determined and the land owners have taken/received their respective compensation. Thus, after passing of the award, the land vests in the State and as such, this petition under Article 226 of the Constitution is not maintainable.