SARDAR MAHARAJ SINGH Vs. COLLECTOR RAE BARELI

JUDGEMENT

(1.) Heard Sri U. S. Sahai, learned counsel for the petitioners, Sri Manish Mishra, learned Standing Counsel the State and Sri Krishna Chandra, learned Counsel for respondent No.3/Indian Telephone Industries.

(2.) By this writ petition under Article 226 of the Constitution, the petitioners are praying for quashing of the notification dated 22.11.1973 issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 [here-in-after referred to as 'the 1894 Act'] and subsequent notification dated 21.9.1974 issued under Section 6 read with Section 17 of the 1894 Act in respect of Khasra Plot No.565 with super-structure situated at Village Malikmau Aima, Pargana and Tehsil, Rai Bareli. They also pray for quashing the Award dated 27.5.1978.

(3.) Notification under Section 4 of the 1894 Act indicates that the said plot is needed for a public purpose, namely, Planned Development for the construction of Indian Telephone Industries, Rai Bareli. After issuance of the said notification, the possession of the land was taken on 20.12.1974 and the Award for the land in question has also been declared by the Sub-Divisional Officer, Rai Bareli on 27.5.1978. Thereafter, the petitioners preferred an application for referring the case to Civil Court under Section 18 of the 1894 Act for determination of the question of valuation and for enhancement of compensation before the District Magistrate, Rai Bareli vide Reference Application No.1/1984.