ILYAS Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Cm APPLN. No. 3661/2018 (Under order I Rule 10 CPC)

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 23.06.1989. A declaration under Section 6 of the said Act was made on 22.06.1990 and thereafter an Award No. 15/1992-93 was passed on 19.06.1992 by the Land Acquisition Collector.

(3.) Learned counsel for the petitioner submits that the petitioner and respondent No. 5 would be entitled to a declaration that acquisition proceedings pertaining to their land (their respective share i.e. 3/4th share of petitioner and 1/4th share of respondent No. 5) are liable to lapse. He further submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183, as neither compensation has been paid nor possession has been taken.