KAUSHALYA YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) With the consent of the parties, the present writ petition is set down for final hearing and disposal.

(2.) This is a petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the Notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and the Award thereafter, are liable to be quashed as the declaration under Section 6 of the Act has not been issued within the statutory period of one year from the date of issuance of Section 4 notification with respect to the land comprised in Khasra No.260(1-00) situated in the revenue estate of Village Shahbad Daulatpur, Delhi.

(3.) In this case, a notification under Section 4 of the Act was issued on 28.04.1995 and a declaration under Section 6 of the Act read with Section 17 of the Act was issued on 26.04.1996. Residents Welfare Association (in short "RWA") had collectively filed a Writ Petition (C) No.3938/1996. The land of the petitioner was also included in the aforesaid writ petition. This Court by an order dated 09.07.2007 dismissed the writ petition which led to the filing of the S.L.P. (C) No. 12522-23/2007 which was then converted into a Civil Appeal bearing No. 3022-3023/2012. The appeals were allowed by a judgment dated 21.03.2012. Time was granted to the petitioner to file objections under Section 5(A) of the Act which were rejected by the Land Acquisition Collector on 31.01.2013. Thereafter, a fresh declaration under Section 6 of the Act was issued on 26.04.2013.