TAPA NATH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard Sri Ashutosh Mishra, learned counsel for the petitioner and the learned Standing Counsel for the respondent nos. 1, 2 and 3. The respondent nos. 4 and 5 are proforma respondents.

(2.) This writ petition has been filed praying for a certiorari to quash the Government order dated 13th May, 2001 annexed as Annexure No. 5 to the writ petition, whereby the State has issued directives restraining the Collectors/Special Land Acquisition Officers of all districts to withhold disposal of applications filed under Sec. 28-A of the Land Acquisition Act, 1894, if in such matters any appeal against the original award is pending before a Higher Court namely the High Court or the Supreme Court. For this the Government order refers to three decisions of the Apex Court namely Babua Ram and others Vs. State of U.P and another, U.P. State Industrial Development Corporation Ltd. Vs. State of U.P and others reported in 1995 (2) SCC pages 689 and 766 respectively. The other judgment referred in the said Government order is that of State of Maharashtra Vs. Nanakchand Pyarmal and others 1996 (1) SCC 297.

(3.) Learned counsel for the petitioner as urged that even assuming for the sake of arguments, though not admitting, that the said Government order is valid, the facts of the present case do not in any way attract the applicability of the said Government order and consequently, the withholding of the decision on the application of the petitioner filed under Sec. 28-A is illegal and unjust. Therefore, a prayer has been made to quash the order dated 18th April, 2006 passed by the respondent no. 1, annexure no. 2 to the writ petition.