GEETA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) Besides assailing the proposed award dated 31-12-2005, by Collector (Land Acquisition), Bhopal, in Regular Land Acquisition Case No. 1/A/82/95-96, petitioners also call in question the entire land acquisition proceedings initiated vide Notification under Section 4(1) of the Land Acquisition Act, 1894, published in the MP, Rajpatra, dated 24-11-95. Notification under Section 6 of the Act was published in M.P. Rajpatra on 15-5-1998 (as per order passed in W.P. No. 4176/ 1998 deemed to have been published on 31-3-1998). It is not in dispute that-

(2.) Again the petitioners besides seeking quashment of notification under Sections 4(1) and 6 of Act also seeks quashment of proposed award dated 31-12-2005.

(3.) So far as challenge to the notification under Sections 4(1) and 6 of the Act, the same having been upheld cannot be reagitated again. [Please see : S. Nagara (dead) by L.Rs. and others Vs. B.R. Vasudeva Murthy and others, 2010 3 SCC 353 and Indian Council for Enviro-Legal Action Vs. Union of India and others, 2011 8 SCC 161].