NAGIN CHAND GODHA Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner has approached this Court by filing this petition, inter alia, praying that by issuance of appropriate writ, the notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') bearing No. F. 15(III) / 59/LSG and notification under Section 6 of the Act dated 12.11.1968 bearing No. F. 4(98)/65-L&H be quashed and set aside and the respondent be directed to denotify the land in question.

(2.) . After the issuance of the notifications, as aforesaid, award has been made which was challenged before this Court by filing civil writ petition No. 1589/86. This petition was dismissed. It may be noted that the petitioner had no right or title to file the petition, as the land at the relevant time stood in the name of his father and the petition was also filed by his father. The contention raised before the Court is that the application under Section 48(1) of the Act is made to the Lt. Governor for denotifying the land in question. On notice being issued, Suresh P. Padhy has filed an affidavit on behalf of the DDA and has pointed out as under:

(3.) . It is also stated by the respondent that wider public interest is liable to be borne in mind while exercising the power of granting stay and injunction while entertaining writ petition. It is also required to be borne in mind that on account of proceedings initiated earlier the authorities could not take action in the matter.