MAHESHWARI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PETITIONERS are owners of plot no. 351 measuring 2.7 acres situated in mauza Bhalgaon, paragana Develgarh, district Garhwal. The State Government for the purpose of constructing a power sub-station has taken steps to acquire this land. A notification under section 4 (i) readwith section 17 (1) and 17 (4) of the Land Acquisition Act was issued on August 9, 1975 (the Act). The inquiry contemplated under sec. 5-A of the Act was dispensed with on the ground that there was urgency in the matter. Declaration as required under section 6 of the said Act was made by notification dated August 25, 1975.

(2.) CHALLENGING the validity of the notifications the petitioners have moved this Court under Article 226 of the Constitution. The writ petition was filed on 15-9-1980. This Court while admitting the writ petition has stayed the delivery of possession. So far all these years, the possession of the land in question remains with the petitioners.

(3.) THE declaration under section 6 of the Act was made as far back as August 25, 1975. THE possession of the land was not taken till the petitioners filed the writ petition in 1980. It only indicates that there was no urgency to eliminate the enquiry under section 5-A. If the authorities were not serious to take possession of the land for a little over five years, we fail to understand why the inquiry under section 5-A should be dispensed with.