CHANDRA PRAKASH ARORA Vs. STATE OF U P

JUDGEMENT

(1.) The relief claimed in the present petition is for quashing the declaration 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 respondents not to interfere with the possession of the petitioner over Plot Nos. 139, 146, 161 and 191 situated in Village Jhalwa, Pargana and Tehsil Chail, District Allahabad.

(2.) The petitioners claims to have purchased certain plots in Arazi No. 192 situated in Village Jhalwa, Pargana and Tehsil Chail, District Allahabad. The notification under Section 4(1) and Section 17(1) of the Act was issued on 21st January, 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 December, 1991.

(3.) In the counter affidavit filed by the Development Authority, it has been stated that the possession of the plots in question was taken by the State Government and given to the Development Authority on 5th May, 1992. The possession certificate has also been annexed as Annexure-2 to the counter affidavit. It has also been stated that since then the Development Authority is in possession of the land and the process for development of the colony is in progress.