MANISH SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition under Article 226 of the Constitution of India has been filed seeking a writ of Mandamus for quashing the notification issued under Section 4 of the Land Acquisition Act, 1984 dated 19th February, 2003 No. F.8(12)/2002/LandD/LA/18646, declaration under Section 6 dated 16th February, 2004 bearing No. F.8(12)/2002/LandD/LA/25144 and Award No. 2/2004- 05/Distt/Northeast in respect of Khasra No. 2 Min (1- 02), 8(1-12), 9(4-16), 12(4-16), 13(1-14), 18/1(1-10) and 19/1(1-04) measuring 18 bigha 14 biswa situated in the Revenue Estate of Village Jivanpur @ Johripur (hereinafter referred to as 'Petitioners' land') and a writ of certiorari seeking a direction from this Court for disposal of the application under Section 48 of the Land Acquisition Act for denotification of the abovementioned land pending before the competent authority.

(2.) THE facts of this case are that on 19th February, 2003 a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'said Act') was issued by the Government of India to acquire land measuring 19 bigha and 4 biswa for a public purpose namely for 'opening of a Senior Secondary School' at Village Jivanpur @ Johripur. Objections under Section 5 A of the said Act were also invited from interested persons. In pursuance thereto, in March 2003 Petitioners filed objections which were personal to the land. No allegation of malafides were raised in the objections filed.

(3.) MR . C.R. Garg, successor LAC, in his report dated 20th September, 2003 recommended that in view of the Petitioners' objections, the requisitioning department may reconsider its acquisition proposal.