SANTOSH RANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petition seeks mandamus for considering the representation dated 28th April, 2011 of the petitioner for release of her land acquired in pursuance to a Notification under Section 4 of the Land Acquisition Act, 1894 of the year 1959 and declaration under Section 6 of the Act of the year 1966.

(2.) THE petitioner had challenged the acquisition by filling a writ petition in this Court but without any success. THE petitioner thereafter in the year 1996 filed representations for release of her land and in 1997 again filed a writ petition in this court seeking direction to the respondents to consider her representation. Such directions were issued and vide letter dated 27 th June, 1997, the representation of the petitioner was rejected.

(3.) THE counsel for the respondent no.2 DDA appearing on advance notice has contended that upon the acquisition being completed and the possession of land having been taken over, there is no right left in the petitioner in the land to make any such representation. He has contended that Section 48 is the only provision in the Act for de-notification but which can also be invoked only till the acquisition is not complete and possession has not been taken over.