CHANDAN SINGH GOSAIN Vs. STATE OF U P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution the petitioner has challenged the validity of the notifications dated 2-4-1959 and 19-2-1967 issued under the Land Acquisition Act acquiring the petitioner's land.

(2.) The State Government issued a notification dated April 25, 1959 under Section 4 (1) of the Land Acquisition Act, 1894, hereinafter referred to as the Act, notifying that the land having an area of 2.037 acres situate in village Shitapur, Pargana Danga Salem, District Garhwal, was needed for public purpose for constructing a building for veterinary hospital. The notification further invited objections under Section 5-A of the Act. Chandan Singh Gosain-petitioner and several other affected persons filed objections under Section 5-A of the Act. The Special Land Acquisition Officer after hearing objections submitted his report to the State Government, thereupon a notification under Section 6 of the Act was published in the U. P. Gazette on Feb. 25, 1967, notifying that the Governor was satisfied that the Plot No. 50 having an area of 2.037 acres situate in village Shitapur, District Garhwal was needed for public purpose for constructing a building for veterinary hospital. The notification further authorized the Collector to take possession of the land. Notices under Section 9 of the Act were issued and the petitioner again filed objection. The petitioner appears to have further filed a number of objections before the Collector and Sub-Divisional Officer, asserting that the land in dispute should not be acquired. When he was unsuccessful in his attempt, he approached this Court by means of this petition.

(3.) Sri R. H. Zaidi, learned counsel for the petitioner, urged that the entire land acquisition proceedings are vitiated as the petitioner's objection under Sec- tion 5-A of the Act was neither considered nor decided by the Special Land Acquisition Officer. He emphasized that unless a positive order accepting or rejecting the objections was passed by the Special Land Acquisition Officer, the purpose of Section 5-A of the Act could not be fulfilled.