LAWS(MPH)-2009-7-3

RAJIV Vs. UNION OF INDIA

Decided On July 13, 2009
RAJIV Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) With consent of the learned counsel for the parties, arguments in the case have been heard for final disposal.

(2.) This order shall dispose of three writ petitions, being W.P. No. 3154/ 2009, W.P. No. 3155/2009, and W.P. No. 3156/2009, as an identical challenge has been raised by all the writ petitioners to the acquisition of their respective lands, for a public purpose i.e. "for establishment of Power Sub Station" by Power-grid Corporation of India Limited, respondent No. 2. For the sake of convenience, main order is being passed in Writ Petition No. 3154/2009.

(3.) Facts on record depict that a notification under section 4, read with section 17 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), was issued on March 6,2009, whereby it was proposed to acquire the land of the petitioners for setting up of a power Sub Station. There being some error in the said notification, an amendment was issued to the said proposal through a notification dated March 27,2009. A declaration under section 6 of the Act was subsequently issued on April 3, 2009. The land in question, belonging to the petitioners, was declared to be acquired. A notice was also issued to the land owners on April 22, 2009, which indicated that 80% compensation amount, as assessed by the Collector, had been deposited; and the land owners were required to receive the same. The possession of the land was taken on May 6, 2009.