LAWS(DLH)-2004-12-63

SUNIL NAGPAL Vs. UNION OF INDIA

Decided On December 17, 2004
SUNIL NAGPAL Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) The petitioners here question under Article 226 of the Constitution of India the validity of acquisition proceedings initiated in the year 1980, which culminated in a declaration under Section 6 of the Land Acquisition Act, 1894 (hereafter "the Act") on the grounds that the same are beyond the time prescribed.

(2.) Two notifications were issued under Section 4 of the Act; one on 5.11.1980 and the other on 25.11.1980. In the first notification the Government proposed acquisition of areas in the villages of Tughlakabad, Tigri, Deoli, Khanpur, Said-ul-Ajaib, Neb Sarai, Hauz Rani and Khirki. The subsequent notification proposed acquisition of the entire lands situated in the revenue estates of the villages Chhatterpur, Satbari, Maidan Garhi, Shayur Pur and Rajpur Khurd. The declarations in respect of these notifications, were made under Section 6 on different dates, namely, 27.5.1985, 6.6.1985, 7.6.1985 and 26.2.1986. The question raised in these petitions is that those declarations, are beyond the period of three years prescribed in that regard under Section 6 of the Act. None of the petitioners filed objections under Section 5-A of the Act.

(3.) During the interregnum period between the publication of the notification under Section 4 and declaration under Section 6, many Writ Petitions had been filed before the Court on the ground that the acquisitions were bad as hearing under Section 5-A had not been given to the landowners. When those proceedings were pending, certain interim orders had been made.