SHLESH KUMAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petition raises a short issue. The challenge is to the land acquisition proceedings under the Raj. Land Acquisition Act, 1953. The notification was issued under Sec. 4(1) of the Raj. Land Acquisition Act on 9-1-79. Notices required under Sec. 4(5) of the Raj. Land Acquisition Act were issued on 21-7-79. Thereby, the declaration under Sec. read with Sec. 17(1) was published on 14-7-83 which also contains directions of State Govt, under Sec. 17(1) of the Act for taking possession of the land.

(2.) No return has been filed by any of the party disputing any of the dates, mentioned above.

(3.) It is in the aforesaid chronology of the facts the petitioner contends that the declaration under Sec. 6 has been issued without jurisdiction and in clear violation of prohibition contained in Sec. 5(2) of the Raj. Land Acquisition (Amendment and Validation) Act, 1981, Sec. 5 reads as under:-