RAGHUBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This writ petition has been filed against the impugned notification dated 3.1.1983 under Section 4 of the Land Acquisition Act and notification dated 12.2.1986, Annexure-2 to the petition under Section 6 and the letter dated 29.11.2003, Annexure-3 to the petition. The petitioner has also prayed that the respondents be restrained from dispossessing him from the land in dispute and from demolition of the construction thereon.

(2.) HEARD learned counsel for the parties.

(3.) IT is stated in para 6 of the petition that the land which is being acquired is constructed upon and the plot of the petitioner are having construction. In para 7 of the petition it is stated that neither notification under Section 9 was issued to the owners including the petitioner nor any award has been prepared and thus in view of Section 11A of the Land Acquisition Act the proceedings have lapsed. However, the petitioner has been served a notice dated 29.11.2003 asking him to accept compensation of 80% of the estimated amount vide Annexure-3. IT is alleged in para 9 of the petition that the petitioner had no knowledge of the land acquisition proceeding before receiving the letter dated 29.11.2003.