UNION OF INDIA Vs. RAKESH PRASAD TIWARI

JUDGEMENT

(1.) In all the three Writ Appeals, common questions of law are involved and therefore, they are clubbed and disposed of together.

(2.) Some of the relevant and necessary facts leading to the filing of Writ petitions are set out below: For the establishment of Defence Research and Development Laboratory under Ministry of Defence, a total extent of Ac. 56.27 gts. agricultural land was sought to be acquired under the provisions of the Requisition and Acquisition of Immovable Property Act, 1952 (for short the Act). However, in these appeals we are concerned only with Ac. 34-08 gts. of land belonging to the Writ Petitioners. Initially, the land of the Writ Petitioners were notified under Section 3 of the Act and possession was taken between the period 1979 and 1981.

(3.) While so, the Collector, Hyderabad District issued notification under Section 7(1) of the Act acquiring the said lands. In W.P.No. 5400/94 the land involved is Ac. 17-13 gts. while in W.P.No. 12445/92 and 13982/92 the land involved is Ac. 12-09 gts. and Ac. 4-20 gts. respectively situated in Kanchanbagh Village, Charminar Mandal, Hyderabad District. The notices under Section 7(1) in form 'J' were issued on 2-3-1985, 7-3-1985 and 2-3-1985 in respect of lands covered under above three Writ Petitions. Under Section 7 of the Act, the lands absolutely vest with the Government from the date of notice in form 'J'. As the Respondents did not take any action to pay the compensation, the land owners filed Writ Petitions assailing the validity of Section 7(1) notices and sought for payment of compensation under the Land Acquisition Act. The learned single Judge allowed the Writ Petition No. 5400/92 on 29-6-1994 and quashed the Section 7(1) notice. Following the said judgment, the other two Writ Petitions were allowed on 14-7-1994 and 18-8-1994. As against the said judgments of the learned single Judge, the present Writ Appeals are filed by the Union of India.