INDIAN METEOROLOGICAL DEPARTMENT Vs. ASHA PANDIT AND OTHERS

JUDGEMENT

(1.) "Whether in a case where possession of the land has been taken under Sections 16 and 17 of the Land Acquisition Act, 1894 (for short 'Act'), can the application for release of land from acquisition still be held to be maintainable"?, is the short question which arises for consideration in the instant revision petition.

(2.) However, before answering the question, certain minimal facts need to be noticed.

(3.) The land of respondent No.1 measuring 8513.89 sq. mtrs. Comprising in Khata Khatauni No.3/5, Khasra Nos. 90 to 102, Kitas 13, situated in Mohal Jakhu, Tehsil and District Shimla, H.P. was acquired by respondents No. 2 and 3 for the benefit of the petitioner for installation of "C-Band Dopplers Radar and Meteorological Centre". After completion of all necessary formalities under the Act, the Land Acquisition Collector passed his award on 8.6.2011 thereby awarding flat rate of compensation of Rs.4573.13 paise per square meter.