VINOD KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY these proceedings, review of the judgment and order of this Court dated 17th December, 2004, in which the writ petition No. 745/86 was disposed off, has been claimed.

(2.) IN the writ petition a declaration under Section 6 of the Land Acquisition Act dated 07.06.85 was questioned on various grounds. The suit lands had been notified under Section 4(1) of the Act on 25.11.80. This Court had considered the averments on behalf of the petitioner and delivered final judgment dismissing the petition. The present review petition is premised on the ground that the petitioners' predecessors-in-interest had filed objections under Section 5-A of the Act which was not brought to the notice of the Court. It was contended that this circumstance amounted to sufficient cause to enable this Court to review the judgment and order dated 07.12.04,s dismissing the writ petition.

(3.) MR . N.S. Vashisht, learned counsel on the basis of the above averments submitted that the petitioner was entitled to the benefit of declaration given by this Court in the judgment dated Balakram Gupta v. Union of India 37 (1989) DLT 150 (referred to in the main judgment as "Balakram-II"). A Division Bench of this Court had, by that decision, invalidated the acquisition on the ground of non-compliance with the principles of natural justice in regard to hearing and disposing objections to land acquisition, so far as the petitioner/objectors were concerned.