SANATAN DHARAM PRATINIDHI SABHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) As per the writ petition and particularly in reference to the pleadings as raised in paragraph 4 of the writ petition, which is quoted hereunder:

(2.) The purpose as expressed for acquiring the property covered by the notification under Sec. 4(1) read with Sec. 17(4) was for extending the Ghaat in view of the forthcoming Kumbh Mela of 2010. Consequent thereto a notification under Sec. 6 was also issued on 2/2/2009, but it has been observed and pleaded that no possession was ever taken from the petitioner and ultimately the Court had passed an interim order directing the parties to maintain the status quo.

(3.) The said writ petition where an exemption was sought under Sec. 5 A from the land being acquired came for consideration before this Court and the Coordinate Bench of this Court by the judgment dtd. 22/5/2014 had allowed the writ petition referred above and had quashed the notification under Sec. 4 (1) and 6 (1) of the Land Acquisition Act, giving liberty to the State to initiate the acquisition proceedings afresh, if need be, in accordance with the provisions contained under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.