RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has challenged the declaration under Section 6 of the Land Acquisition Act, 1894 (for short, the Act) issued vide notification No. 2078-51 BL-78/9348 dated 20th March, 1978, in this petition under Articles 226/ 227 of the Constitution of India.

(2.) NOTIFICATION under Section 4 of the Land Acquisition Act dated December 15, 1977 was issued by respondent No. Instating that the land mentioned therein was required for a public purpose, at a public expence, for setting up Industrial Focal Point at Amritsar. It was followed by a declaration dated March 20, 1978, under Section 6 of the Act.

(3.) THE declaration under Section 6 of the Act was assailed on the ground that notice under Section 9 (3) of the Act was not issued to the petitioner. Issuance of notice under Section 9 (3) of the Act was a condition pracedent for further proceedings, namely, finalisation of the. award and taking of possession pursuant thereto. Since notice under Section 9 (3) of the Act was not issued, all the proceedings subsequent thereto were invalid.