REGENT COMPUTRONICS PVT. LTD.

GOBINDA CHANDRA SAHOO Appellant

V/S

STATE OF ORISSA Respondents

Referred Judgements :-

AFLATOON BAHADUR ABDULRASHID NURUDDIN BAHADUR AFLATOON VS. LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI [REFERRED TO]
LILA RAM BIRLA COTTON SPG AND WVG MILLS VS. UNION OF INDIA [REFERRED TO]
STATE OF MYSORE VS. V K KANGAN:NARASIMHA RAM NAIK [REFERRED TO]
FT GIRDHARAN PRASAD MISSIR VS. STATE OF BIHAR [REFERRED TO]
H D VORA VS. STATE OF MAHARASHTRA [REFERRED TO]
HARI SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
BHOOP SINGH VS. UNION OF INDIA [REFERRED TO]
SATENDRA PRASAD JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
RAM CHAND VED PRAKASH VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. SHIVKUMAR BHARGAVA [REFERRED TO]
GIAN CHAND VS. GOPALA [REFERRED TO]
STATE OF MAHARASHTRA VS. DIGAMBAR [REFERRED TO]
MAHAVIR VS. RURAL INSTITUTE AMRAVATI [REFERRED TO]
STATE OF ORISSA VS. DHOBEI SETHI [REFERRED TO]
AWADH BIHARI YADAV SITA RAM GOPE VS. STATE OF BIHAR [REFERRED TO]
STATE OF TAMIL NADU VS. L KRISHNAN [REFERRED TO]
SNEH PRABHA VS. STATE OF UTTAR PRADESH [REFERRED TO]
U P JAL NIGAM LUCKNOW VS. KALRA PROPERTIES P LTD [REFERRED TO]
AJAY KRISHAN SHINGHAL VS. UNION OF INDIA [REFERRED TO]
ALLAHABAD DEVELOPMENT AUTHORITY VS. NASIRUZZAMAN [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. INDUSTRIAL DEVELOPMENT INVESTMENT CO PRIVATE LIMITED [REFERRED TO]
STATE OF RAJASTHAN VS. D R LAXMI [REFERRED TO]
JAIPUR DEVELOPMENT AUTHORITY VS. MAHAVIR HOUSING COOP SOCIETY JAIPUR [REFERRED TO]
C PADMA VS. DEPUTY SECRETARY TO THE GOVERNMENT OF T N [REFERRED TO]
M RAMALINGA THEVAR VS. STATE OF TAMIL NADU [REFERRED TO]
NORTHERN INDIAN GLASS INDUSTRIES VS. JASWANT SINGH [REFERRED TO]
HARYANA STATE HANDLOOM AND HANDICRAFT CORPORATION LIMITED VS. JAIN SCHOOL SOCIETY [REFERRED TO]
GOV OF A P VS. SYED AKBAR [REFERRED TO]
MEERA SAHNI VS. LT GOVERNOR OF DELHI [REFERRED TO]

JUDGEMENT

(1.) This Writ Petition has been filed challenging the land acquisition proceedings in respect of the land in dispute, i.e. an area measuring Ac.0.130 decimals, plot No. 798(p) in Khata No. 112 in mouza Bhoinagar wherein the notification under Section 4 read With Section 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued on 27.6.1985 also in respect of a very large area of land for having a lake to beautify the city.. Declaration under Section 6 read with Section 17(1) of the Act was published in the official gazette on 19.11.1985.

(2.) IN paragraph 7 of the Writ Petition it has been stated that notice under Section 9 had been issued on 25.4.1987 and the notices for award under Section 11 were issued on 8.2.1995 and 9.2.1995. The Petitioners claim to have purchased the land in dispute vide registered sale deed dated 12.10.1999. Petitioners raised construction on the said land without getting the plan sanctioned from the Bhubaneswar Development Authority as required under the provisions of the Orissa Development Authorities Act, 1982. Thus, there is an order for demolition of the construction. Hence the Petitioners have challenged the land acquisition proceedings.

(3.) PER contra, Mr. P.K. Khuntia, Learned Additional Government Advocate submitted that the petition is not maintainable as the Petitioners are purchasers subsequent to the conclusion of the acquisition proceedings; land acquisition proceedings cannot be challenged at a belated stage. In case possession is taken resorting to urgency clause under Section 17(1) of the Act, limitation for making award does not apply. Hence, the petition is liable to be dismissed.

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GOBINDA CHANDRA SAHOO Vs. STATE OF ORISSA

Referred Judgements :-

JUDGEMENT

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