RAM NIVAS Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India questioning the validity of the declaration dated 11.5.2012 issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") in respect of the land of various villages in district Agra notified for acquisition under Section 4 of the Act on 3.10.2005 lastly published on 28.11.2005 for the benefit of the Agra Development Authority.

(2.) The petitioner apart from seeking quashing of the aforesaid declaration has also made a prayer for the quashing of the entire acquisition proceedings pursuant to the notifications dated 3.10.2005 and 11.05.2012 issued under Sections 4 and 6 of the Act respectively.

(3.) The primary ground for attacking the declaration made under Section 6 of the Act is that it is beyond time of one year from the date of publication of the notification under Section 4 of the Act as provided under proviso (ii) to Section 6(1) of the Act; and that the objections filed by the petitioner under Section 5-A of the Act were not decided by the Collector who is the competent authority but by the Special Land Acquisition Officer who was not notified for the purposes of dealing with the said objections and that no personal hearing was given to the petitioner while dealing with the said objections and thereafter making recommendation to the State Government.