UNION OF INDIA Vs. NEPAL PAUL

JUDGEMENT

(1.) Heard Mr. B. Majumder, learned CGC appearing for the review-petitioner, the Union of India, represented by the Secretary, Ministry of Defence (Border Road Organization), New Delhi.

(2.) The purpose of filing this review petition is to bring to the notice of this court the Notification No.F.9(2)- REV/ACQ/VI/93 dated 22.02.2005 ( part of Annexure-7 to the Review Petition) whereby the acquisition of the land measuring 3.455 acres of Mouja- Birampur under Sonamura Sub-Division as described more elaborately in the schedule appended to the said notification, had been withdrawn in exercise of power under Sub-Section (1) of Section 48 of the Land Acquisition Act, 1894, in as much as in the impugned judgment and order dated 10.05.2018, it has been observed that no Notification under Section 48 of the Land Acquisition Act, 1894 has been made (see paragraph 10). According to Mr. B. Majumder, learned CGC appearing for the review- petitioner, this court has directed for initiating an acquisition proceeding under Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) From the record, it surfaces that the Notification dated 16.02.2005 under Section 48 of LA Act, 1894 by which the acquisition was withdrawn was actually issued, but no copy was placed on the records of the writ petition. On that basis, the petitioner had prayed for the following reliefs: