MOOL CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THE relief claimed in the present petition is for quashing the declara tion dated 31st December, 1991 made by the State Government under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') and for a direction upon the re spondents not to interfere with the possession of the petitioner over Plot Nos. 139 and 146 situated in Village Jhalwa, Pargana and Tehsil Chail, District Allahabad.

(2.) THE petitioner claims to be the owner in possession of Plot No. 139 and 1/3rd portion of Plot No. 146 situated in Village Jhalwa, Pargana and Tehsil Chail, District Allahabad. THE notification under Section 4(1) and Sec tion 17(4) of the Act was issued on 21st Janu ary, 1990. It was mentioned in the notification that the provisions of Section 5-A of the Act shall not apply inasmuch as it was a case of urgency under Section 17(1) of the Act and that the land was needed for a public purpose namely for the construction of a residential colony under Planned Development Scheme by the Allahabad Development Authority (hereinafter referred to as the Development Authority). A corrigendum was issued on 12th June, 1991. This notification was followed by the declaration under Section 6 of the Act which was published in the Gazette 31st De cember, 1991.

(3.) LEARNED counsel for the petitioner sub mitted that even though the declaration under Section 6 of the Act was published on 31st December, 1991, the award has not been made by the Collector under Section 11 of the Act till date and, therefore, the proceedings for the acquisition of land has lapsed in view of the provisions of Section 11-A of the Act and in support of his contention he has placed re liance upon the decision of this Court in Writ Petition No. 9006 of 2003 decided on 27th March, 2008 (Reported in 2008 (4) ALJ 375) (Pyare lal and Ors. v. State of U.P. and Ors.). He further submitted that in any view of the matter, the State Government was not justi fied in invoking urgency clause and exempt ing the provision of Section 5-A of the Act.