UNION OF INDIA Vs. KRISHNASWAMY

JUDGEMENT

(1.) The Second Appeal is by the defendants, namely, the Union of India represented by the Secretary to Government, Union Territory of Pondicherry and the Land Acquisition Officer, Pondicherry. The suit was filed by the respondent herein for a declaration that the Award passed by the defendants is invalid, and for permanent injunction restraining the defendant from interfering with his possession and enjoyment of the suit property.

(2.) It is said that Notification under Section 4(1) of the land Acquisition Act was published on 14-11-1973. The respondent herein purchased the property long after Section 4(1) of the Notification, i.e. in the year 1978. He wanted the Notification to be declared invalid for the reason that an erratum notification was issued by the defendants, defrauding the plaintiff. The plaintiff wanted a declaration to that effect and also prayed for an injunction to restrain the defendants from taking possession.

(3.) In the written statement filed by the defendants, they questioned the maintainability of the suit. They also contended that acquisition proceedings were taken properly, and according to them, the plaintiff who is only a subsequent purchaser, is not competent to impeach the Notification.