NARAYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) THIS writ petition has been filed seeking a writ of certiorari for quashing the impugned notice dated 5th November, 2001 (Annexure-9 to the writ petition), the impugned notices under Sections 4 and 6 of the Land Acquisition Act, dated 30.1.1989 and 16.1.1995 (Annexures-1 and 7), and for quashing the award dated 5th November, 2001. It was also prayed that the respondent be directed to release the land in dispute from acquisition and to withdraw all acquisition proceedings against the petitioner in pursuance of the notification dated 30th January, 1989 under Section 4 of the Act and the notification under Section 6 dated 16th January, 1995. Thus, in effect by means of the present petition the petitioner has challenged the notifications under Sections 4 and 6 of the Act, the award ultimately passed on 5th November, 2001, in pursuance thereto and the consequential notice dated 5th November, 2001, issued to the petitioner to collect the amount of compensation awarded to him.

(3.) IN paragraph 15 of the petition it has been stated that since the earlier notification dated 8th February, 1990 under Section 6 of the Act was quashed by this Court vide judgment dated 22nd August, 1993 (Annexure-6 to the petition) and a fresh notification under Section 6 of the Act was published on 16th January, 1995, the award should have been passed within a period of two years from 16th January, 1995. It has been further submitted that the award dated 5th November, 2001, which has been made in continuation of the earlier award dated 29th February, 1992, loses its importance insofar as the petitioner is concerned as he was not a party before the High Court or the Supreme Court. IN paragraph 16 of the petition it has been stated that the petitioner is still in possession over the plot in dispute.