DIWAN CHAND GARG Vs. GOVT. OF INDIA

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution, the petitioner has prayed, inter alia, to quash the notification dated 18.9.2012 issued by the Land Acquisition Officer and Competent Authority, National Highway No.5 Project, Khurda, Bhubaneswar, in respect of his land appertaining to Plot Nos.253, 254/1103, Khata No.166, of Mouza - Bomikhal, Bhubaneswar, vide Annexure -1.

(2.) SHORN of unnecessary details, the short fact of the case of the petitioner is that he is the paramount owner of two plots appertaining to Khata No.166, Plot Nos.253, 254/1103 of Mouza - Bomikhal. He has constructed a commercial building over the said two plots. Out of the total area of Ac.0.262 decimals, the proposed acquisition is Ac.0.98 decimals of land. The description of the land given in the notification vide Annexure -1 is vague and indefinite. The proposed acquisition is likely to affect the single structure of the building.

(3.) WE have heard Mr. M. Mohanty, learned counsel for the petitioner and Mr.A. Das, learned counsel for the opposite party no.2.