(1.) The case has a checkered history as the Petitioner had earlier approached this Court through the 'Rourkela Local Displaced Association' and had challenged the land acquisition proceeding. The said petition was dismissed. The Association approached the Hon'ble Supreme Court and the Apex Court made certain observations on the basis of which the present petition has been filed.
(2.) THIS Writ Petition has been filed challenging the constitutional validity of the provisions of the 'Orissa Development of Industries, Irrigation, Capital Construction and Resettlement of Displaced persons (Land Acquisition Act) Act, 1948' (hereinafter referred to as the 'Act') on the grounds that the provisions providing for acquisition of land under the said Act had been violative of the provisions of Article 19(1)(f) of the Constitution of India and after amendment of the Constitution of Articles 31A and 300A of the Constitution of India and as a consequence, seeking declaration that any acquisition made under the said Act is null and void. Further, relief has been sought to retain the land possessed by the Petitioner as it has not been utilized for the purpose it stood acquired.
(3.) MR . Bharat Kumar Misra, Learned Counsel for the Petitioner has contended that provisions of the Act were ultra vires and unconstitutional as no person could be deprived from his immovable property without following the procedure prescribed by law and without paying the compensation. The Act was violative of the provisions of Article 31A and after its. deletion, of Article 300A of the Constitution. The right to property earlier had been a fundamental right and now it is a constitutional and human right. Although the Act stood repealed in 1994, that would not change the position, for the reason that compensation had not been paid to the Petitioner's forefathers. They had also not been, dispossessed. The land was not required for the purpose it had been acquired. Therefore, the Act which stood repealed with effect from 22.7.1994 be declared ultra vires and the Opposite Parties be restrained to interfere with the physical possession of the Petitioner.
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