KAMLA DEVI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) ;-

(2.) 'Tarwala Hata Scheme Kanpur' with 'intention to stop haphazard development of the city and also to layout the area in planned manner' published in Government Gazette of March 1938 under Section 36 (1) of Town Improvement Act finally sanctioned by Government on January 24, 1962 lay dormant between 1939-45, 'due to second world war' and 'thereafter independence and partition of country' kept alive under Nagar Mahapalika Adhiniyam, 1959 by virtue of Sec. 755 (1), attained finality on 31st October 1961 when Special Land Acquisition Officer gave the award determining compensation on market value of property on material date that is March 1938. Whether with rolling of twenty three years before award was finalised and another thirteen years when notice for taking over possession was given frustrated objective of acquisition and resulted in abandonment as a matter of law would have been interesting problem but that is saved as action of opposite party does not leave any speck of doubt about abandonment from acquisition of the land in dispute as a fact. Not only this opposite parties by their' conduct shall be deemed to have pursuaded petitioner and her predecessor to alter their position to their prejudice thereby providing them with shield of estoppel against any action effecting their title, ownership or possession.