ARJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a regular second appeal arising from an injunction suit. The plaintiff had filed the suit claiming that an award under Land Acquisition Act was ultra vires and void, (a) because the acquisition was made for a purpose other than a public purpose and (b) certain conditions precedent like publication of notice under section 4 at convenient places had, in fact, not been made in the locality of the suit property. It was further claimed that the plaintiffs were in physical possession and that cause of action against the intended dispossession was a continuing one. The prayer in the suit was that the defendant be restrained from taking possession of the suit land.

(2.) In the written statement a number of preliminary objections were taken, one of which was that a notification u/s. 4 could only be challenged within one year and secondly the proper defendant in the case was Union of India through the Administrator, Lt. Governor, and the suit was barred by law and hence the plaint was liable to be rejected under O. 7, R. 1 l(d). There was a further pleading that the plaint was vague and therefore, also the plaint had to be rejected under O.7, R. ll(d) of the Code of Civil Procedure.

(3.) A number of issues were framed in the suit. The two relevant issues being the preliminary issues were :