DHARMENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner herein was the co-owner of the land bearing KHASRA No. 427. A notification dated 12.3.2008 under Section 4(1) read with Sections 17 (1) and 17 (4) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued. This was followed by a declaration dated 19.11.2008 under Section 6 of the Act. Possession of the land was taken on 16.2.2009. The Petitioner has received the compensation offered.

(2.) By the present petition, the Petitioner has prayed for the following reliefs:

(3.) Insofar as prayer Clause (a) is concerned, in our opinion, as the declaration under Section 6 of the Act was issued as far back as 19.11.2008 and possession of the land was taken and compensation received, it will not be open to the Petitioner now to challenge the declaration under Section 6 in respect of half share of the land of KHASRA No. 427. Petitioner cannot approbate and reprobate. In our opinion, that relief cannot be granted.