(1.) THIS writ petition has been filed for quashing the impugned Notification dated 15. 6. 2006, issued under section 4 (1) of the Land Acquisition Act, 1894 (hereinafter called the Act) and Declaration dated 19. 10. 2006, issued under section 6 of the Act, and further direction is sought to release the land in question which is covered by residential area.
(2.) THE validity of the acquisition proceedings cannot be examined as the petitioner has challenged it at a belated stage, and it is admitted to the petitioner himself that by invoking the provisions of section 17 (1) of the Act the possession of the land has already been taken on 10. 8. 2007. Had the petitioner been diligent enough and was willing to challenge the acquisition proceedings, he should have approached the Court within reasonable time. Vide girdharan Prasad Missir v. State of Bihar; (1980) 2 SCC 83. H. D. Vora v. State of Maharashtra;air 1984 SC 865. Hari Singh v. State of U. P. and others;air 1984 SC 1020. Bhoop Singh v. Union of India,air 1992 SC 1414. The Ram/as Foundation and others v. Union of India and others;air 1993 SC 852. Ram Chand v. Union of India; (1994) 1 SCC 44. State of Maharashtra v. Digambar;air 1995 SC 1991. State of Orissa v. Dhobei Sethi and another; (1995) 5 SCC 583. C. Padma v. Deputy Secretary to Government of Tamil Nadu, (1997) 2 SCC 627. and Northern Indian Glass Industries v. Jaswant Singh and others, (2003) 1 SCC 335.
(3.) A Constitution Bench of the Hon'ble Supreme Court, in Aflatoon and others v. Lt. Governor, Delhi and others,air 1974 SC 2077. has observed as under:-
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