SHANTI NARAIN BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule B B. No reply has been filed to the writ petition, but the petition is stated to be the same as in Civil Writ Patition No. 3606 of 1995. We have heard the parties.

(2.) Contention of the petitioner that they have not been paid compensation for the acquisition of the land, is not disputed in the reply. In our view, there can be no acquisition without the payment of the compensation which is payable upon making of the award. In this case, the land was notified for acquisition by notification dated 13.11.59u/S 4 of Land Acquisition Act. Vide Award No. 20-B/75-76 (Suppl.) dt. 16.9.1985, market value was determined. Possession of the land was not taken, because, it is alleged, that there arc construction upon it, and the policy matter regarding taking of possession of such land is still under consideration.

(3.) We do not think that the above said consideration of policy can be an excuse for the breach of law for acquisition of land.