Vyom Prakash Gupta, J. - (1.)The petitioner has challenged a notification Dt./- 26th May, 1972 (Annexure- U) issued under Section 48 (1) of the Land Acquisition Act (hereinafter shortly called the Act), by which the proceedings for the acquisition of the land measuring 35 bighas 2 biswas belonging to the petitioner have been withdrawn.
(2.)The brief facts are that a notification (Annexure-C) under Section 4 of the Act was issued on 4-10-1967 for acquiring petitioner's land measuring 35 bighas 2 biswas. Another notification under Section 6 (Annexure-E) was issued on 25-91968. Objections under Section 9 (Annexure-G) were filed by the petitioner and an award (Annexure-H) was announced by the Acquisition Collector on 12-71969. By this award the Land Acquisition Collector assessed the compensation payable to the petitioner but it was ordered that the compensation would be paid after getting clearance from the Commissioner (Revenue) Himachal Pradesh.
(3.)Objections under Section 18 of the Act were filed by the petitioner as well as by the respondent (State of Himachal Pra- desh). The petitioner withdrew his objections as is mentioned in para-4 of the writ petition and the objections of the respondent were rejected on 29-1-1972 (Annexure-M). The petitioner thereafter filed applications (Annexures N and O) for the release of the compensation but the same was not paid. The petitioner also filed a Civil Writ Petition No. 4 of 1970 in this court claiming that the directions contained in the award, D/- 12-7-1969 to the effect that the compensation payable to the petitioner would be released to him after obtaining clearance from the Commissioner, Himachal Pra-desh, be withdrawn. This writ petition was decided by Hon'ble R. S. Pathak, Chief Justice (as he then was) on 30-3-1972. The petition was dismissed vide Annexure-Q on the statement of the counsel for the respondent-State who had stated that the payment of the compensation will be made to the petitioner. It appears that even after the decision of this Civil Writ Petition No. 4 of 1970, no compensation was paid to the petitioner.
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