LAWS(DLH)-2005-5-109

SHASHI JAI KRISHNA Vs. LAND ACQUISITION COLLECTOR

Decided On May 12, 2005
SHASHI JAI KRISHNA Appellant
V/S
LAND ACQUISITION COLLECTOR Respondents

JUDGEMENT

(1.) The Petitioner approached this Court under Article 226 of the Constitution of India raising a challenge to the notification dated 24.10.1961 issued under Section 4 of the LAND ACQUISITION ACT, 1894 (hereinafter referred to as the Act) and the award dated 9.12.1983 arising from the said notification. The Petitioner claimed the following reliefs in the Writ Petition :-

(2.) This Writ Petition was filed by the Petitioner on 22nd February, 1985. However, as it is evident from the above prayer clause the Petitioner did not pray for quashing of the notification issued under Section 4 of the Act or the declaration issued under Section 6 of the Act. This application under Order 6 Rule 17 of the Code of Civil Procedure was filed by the Petitioner which was allowed by an order of the Court dated 27th November, 2000. The amended petition was taken on record and the respondents were called upon to file counter affidavit to the amended petition.

(3.) In the amended petition, the Petitioner, in addition to the reliefs already prayed in the original petition, added another relief which reads as under :-