ASHISH PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The reliefs prayed for in this writ petition are to the effect that a Notification dated 13th December, 2000 issued under Section 4 of the Land Acquisition Act, 1894 (the Act) and a declaration dated 7th December, 2001 issued under Section 6 of the Act by the Respondents be struck down and the land acquisition proceedings in respect of the Petitioner's land in the revenue estate of village Bhartal, Tehsil Mehrauli, Delhi be declared void and of no legal effect. The Petitioner has also prayed for quashing of a Notification dated 21st March, 2002 issued under Section 17(1) of the Act in respect, inter alia, of the land of the Petitioner.

(2.) The above Notifications were also challenged by another land owner in village Bhartal and the Acquisition proceedings were upheld by a Division Bench of this Court by a judgement and order dated 4th September, 2003 which is reported as Raheja Hospital and Psychiatric Research Institute v. Land Acquisition Collector and others, 2003 (70) DRJ 601 (DB). A petition for special leave to appeal being SLP (C) No. 18080/2003 directed against that decision was dismissed by the Supreme Court on 9th October, 2003. The land acquisition proceedings in respect of village Bhartal have, therefore, attained finality and the Petitioner is not entitled to any of the reliefs claimed in the writ petition.

(3.) Notwithstanding this position, a preliminary issue was raised by learned counsels for the Respondents, during the course of oral submissions, that since possession of the Petitioner's land had been taken by and on behalf of the Land Acquisition Collector on 14th August, 2002 the present writ petition filed sometime in November, 2004 was not maintainable in view of the provisions of Section 16 of the Act. In addition, it was also contended that the writ petition is liable to be dismissed on the ground of delay and laches.