KALPANA BALA DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition, made under Article 226 of the Constitution of India, there are, under challenge, as many as five Notifications, published under Section 4 read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894, for acquisition of (a) 12.25 acres of land in Mouja Bishalgarh sheet No. 1/P under file No. DM/W/LA/BLG/03/2011; (b) 20.18 acres of land in Mouja Bishalgarh No. 4/P under file No. DM/W/LA/BLG/7/2011; (c) 47.26 acres of land in Mouja Bishalgarh sheet No. 5/P under file No. F.DM/W/LA/BLG/8/2011; (d) 5.51 acres of land in Mouja Bishalgarh sheet No. 7/P under file No. F.DM/W/LA/BLG/6/2011 and (e) 16.11 acres of land in Mouja Brajapur sheet No. 1/P under file No. F.DM/W/LA/BLG/4/2011. The facts, necessary for disposal of the present proceeding, are, in brief, as under:

(2.) We have heard Mr. A.K. Bhowmik, learned Senior counsel, for the petitioners, and Mr. S. Deb, learned Senior counsel, assisted by Mr. NC Pal, learned Govt. Advocate, for the respondents.

(3.) Mr. Bhowmik, learned Senior counsel, appearing on behalf of the petitioners, has contended that the alignment, though finalized, has been abandoned and fresh process has been initiated, and, that too, by invoking the emergency clause in Section 17(4) of the LA Act not for any urgency in the execution of the project or to meet public interest involved therein, but to satisfy some influential persons, who have vested interest in having the alignment diverted from the original one to the newly proposed alignment.