KAPURCHAND BHASIN Vs. STATE OF H.P.

JUDGEMENT

(1.) The Government of Himachal Pradesh was likely to acquire premises known as ˜Victoria Palace Estate of Station Ward Chhota Shimla for a public purpose, namely for the construction of houses for Government servants and accordingly a notification under section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 2 -9 -1970. A copy of this notification was affixed on the Municipal Board Shimla on 7 -9 -1970 and copies were also affixed at convenient places in the locality of Victoria Palace Estate premises. This notification was also published in the Rajpatra, dated 19 -9 -1970 and the interested persons could file their objections regarding acquisition of the property within thirty days.

(2.) Objections were filed on behalf of the owners before the Land Acquisition Collector on 7 -10 -1970, After hearing the objections the Land Acquisition Officer submitted his report on 30 -12 -1970, to the Government. He recommended that the objections filed on behalf of the owners be ignored and the property be acquired. He also suggested that notifications under sections 6 and 7 of the Act be issued. The Government thereafter issued notification under sections 6 and 7 of the Act on 20 -2 -1971, which was also published in the Gazette.

(3.) After issuance of notification under sections 6 and 7 of the Act, the Land Acquisition Collector ordered that notices under Sec. 9 of the Act be issued to the interested persons. During the pendency of these proceedings, the present petitioners appeared through their counsel Shri R. N, Vaid, Advocate on 18 -5 -1971 before the Land Acquisition Collector and prayed that they may be allowed time to file their claims. The Land Acquisition Collector allowed time till 14 -6 -1971 and on this date objections were filed on behalf of the present petitioners before the Land Acquisition Collector claiming that the proceedings for acquisition of property in question and specially in respect of the built construction in occupation of the petitioners be dropped and the notification be cancelled.