NAR BAHADUR KHATIWADA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) by this petition under art. 226 of the constitution of india, the petitioner seeks quashing of notification no. 13(789)/l.r.(s) dated 3-3-1987 of the state government in the land revenue department (published in the gazette dated 5-3-1987) at armexure al made under s. 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act) and the notification no. 1 (789)/l.r.(s) dated 25-8-1987 of the same department (published in the gazette dated 27-8-1987) at annexure a made under s. 6(1) of the act. The petitioner also questions the validity of the land acquisition (sikkim) amendment act, 1992.

(2.) the writ petition was originally filed by kazi lhendup dorji khangsharpa as petitioner no. 1 and nar bahadur khatiwada as petitioner no. 2. In his application dated 17-11-1988 kazi lhendup dorji khangsharpa sought permission to withdraw the writ petition saying that he did not want to proceed with the matter. By Order dated 6-9-1990 this court allowed his prayer and the writ petition accordingly stood withdrawn so far as he was concerned leaving in the field nar bahadur khatiwada who is an advocate of this court as the lone petitioner to pursue the legal battle.

(3.) it is an admitted fact that both of them had filed writ petition no. 5 of 1987 in this court challenging the very notification made under s. 4(1) of the act at annexure al. While admitting the writ petition on 27-3-1987, this court directed that other proceedings regarding the acquisition might continue but possession shall not be taken without the leave of the court. This writ petition was dismissed as withdrawn on 30-11-1987. Before that i.e. on 28-11-1987 both of them filed another writ petition no. 48 of 1987 challenging the other notification made under s. 6(1) of the act at annexure a. On 30-11-1987 while admitting this writ petition no. 48 of 1987 this court passed a similar interim Order stating that other proceedings regarding the acquisition might continue but possession shall not be taken without leave of the court. During the pendency of this second writ petition no. 48 of 1987, the present writ petition came to be filed by both of them on 16-8-1988. On 2-9-1988 this court permitted the second writ petition no. 48 of 1987 to be withdrawn as the present writ petition is a consolidated one covering all the grounds. On the same day (2-9-1988) this court admitted the writ petition and passed an Order stating that the interim Order passed in writ petition no. 48 of 1987 shall continue.