NAGAR MAHAPALIKA VARANASI Vs. DURGA SHANKAR

JUDGEMENT

(1.) NAGAR Mahapalika Varanasi has filed this appeal against the judgment of a learned Single Judge quashing the notification issued under Sections 4 and 6 of the Land Acquisition Act, and also the proceedings for the ejectment of the respondents taken by the Nagar Mahapalika under Sec. 129-A of the Nagar Mahapalika Adhiniyam.

(2.) A notification under Section 4 of the Land Acquisition Act was issued on 30-11-1955. It related to an area of 0.905 acres in village Jaitpura in the district of Varanasi. Subsequently a notification under Section 6 of the Land Acquisition Act was issued on January 19, 1956. It related to the same area and it mentioned that the land was sought to be acquired for widening of roads and shopping cum housing- centre. Provisions of Section 5-A were excluded. Subsequently proceedings for determination of the compensation payable to the owners were undertaken and an award was published by the Land Acquisition Officer on 6th April, 1957. Later on the Nagar Mahapalika took proceedings for the ejectment of the respondents under Section 129-A of the Nagar Mahapalika Adhiniyam on the ground that they were in unauthorised occupation of the land which had vested in the Nagar Mahapalika. At this stage the erstwhile owners of the land filed a writ petition in this Court. They challenged the validity of the notifications issued under the Land Acquisition Act as also the proceedings under Sec. 129-A of the Nagar Mahapalika Adhiniyam.

(3.) THE plea raised on behalf of the appellant that the writ petition was barred by laches was repelled. In the result, the notifications under Sections 4 and 6 of the Act as well as the proceedings under Section 129-A of the Nagar Mahapalika Adhinivam were quashed.