BIMAL CHANDRA SEN, S/O LATE SURENDRA KUMAR SEN Vs. STATE OF TRIPURA; DEPUTY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF TRIPURA; LAND ACQUISITION COLLECTOR; DISTRICT MAGISTRATE & COLLECTOR, GOVERNMENT OF TRIPURA; SECRETARY-CUM-COMMISSIONER, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF TRIPURA

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the invocation of the urgency provisions in Section 17 of the Land Acquisition Act, 1894 and submits that these provisions have been invoked without there being any urgency in the matter and hence has prayed for quashing of the acquisition proceeding.

(2.) The learned Advocate General has raised a preliminary objection that the petition itself is not maintainable since the award has been announced and possession of the land taken over by the State Government.

(3.) Since we propose to dispose of the petition only on the preliminary submission we need not deal with the other facts in detail. The facts necessary for disposal of the petition are that notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) was issued wherein it was proposed to acquire .11 acres of jote land belong to the petitioner for construction of Lay-Bye near Haripur Market on Belonia-Nalua Road under the Belonia Sub-Division. On 01.08.2013 another notification was issued that since the land was urgently required the provisions of Section 5(A) of the Act would not apply. This notification was issued under Section-6 of the Act. Thereafter, notice was given to the respondents on 14.08.2013 wherein it was mentioned that 0.01 acres of land was to be taken over and he may submit evidence in support of his objection, if any, to the measurement of the land and also with regard to the compensation payable for the land. This notice was issued under Section 9 of the Act.