KANGULI NAIK Vs. BANAPUR NOTIFIED AREA COUNCIL

JUDGEMENT

(1.) REVENUE Department Notification Under Section 4(1) and 6(1) of the Land Acquisition Act, 1894 in respect of a place of land measuring 162 decimals out of plot No. 116 under khata No. 40 in Revenue mouza Bodhapur within Banapur Notified Area Council, are under attack in this proceeding. The land is sought to be acquired for construction of a fish market by the said Council.

(2.) HARIJAN community of mouza Raghunathpur were adjudged as owners of the survey plot comprising 160 decimals area in civil litigation in 1979. State Government issued the notification Under Section 4(1) on 24.11.1987 and 6(1) on 9.8.1988. Claiming himself to be belonging to Harijan community of the village, the petitioner is assailing the acquisition in writ jurisdiction.

(3.) MR . Mohapatra for the Council and the learned Additional Government Advocate for the State, on the other hand, submitted that the procedures laid down in sections 4 and 6 of the Act have been duly complied with : that the acquisition is for a public purpose; and that four persons representing the Harijan community having in the mean - while sold the entire plot in favour of one Nalini Kanta Patnaik ( opp, party No. 1.1), the writ case cannot be maintained by the petitioner.