- (1.) By means of the present writ petition, Petitioner has prayed for the following reliefs: i) Issue an appropriate writ, order or direction quashing the notification dated 9.8.2004 issued under the purported exercise of the powers conferred under Sub-section 1 of Section 4 of the Land Acquisition Act, 1894 pertaining to village Kisanpur, Pargana & Tahsil Koil, District Aligarh. ii) Issue an appropriate writ, order or direction quashing the notification dated 3.8.2005 issued under the purported exercise of the powers conferred Section 6 of the Land Acquisition Act, 1894, pertaining to village Kisanpur, Pargana & Tahsil Koil, District Aligarh. iii) Issue an appropriate writ, order or direction commanding the Respondents concerned to free Khasra No. 360 & 361 admeasuring 0.0800 & 0.4260 hectares respectively situate at Village Kisanpur, Pargana & Tahsil Koil, District Aligarh from acquisition.
(2.) Encapsulated facts of the case are that the Petitioner has been the bhumidhar with transferable rights of the land contained in Khasra Nos. 360 and 361 admeasuring 0.0800 and 0.4260 hectares situate at village Kisanpur, Pargarna and Tehsil Koil, District Aligarh. Vide notification dt. 9.8.2004 Under Section 4(1) read with 17(4) of the Land Acquisition Act, 1894, (hereinafter referred to as Act), the land of the Petitioner was sought to be acquired. The declaration Under Section 6 read with 17(1) of the Act was published on 3.8.2005.
(3.) It is asserted by the Petitioner that till date the possession of the land in question has not been taken and the name of the Petitioner (original tenure holder) still continues to be recorded in the revenue records. It has also been asserted by the Petitioner that till date award under Section 11 of the Act has not been made by the authority concerned. At this juncture, the Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing the instant writ petition complaining that the action of the Respondent State in acquiring the Petitioner's land in the year 2004 and not delivering any award for a long period of six years is wholly unconstitutional and that the acquisition proceedings have lapsed in view of the provisions enshrined Under Section 11A of the Act. The Petitioner, taking recourse to the provisions of Section 11A, has contended that as the award has not been made within the statutory period of two years hence acquisition proceedings in question have lapsed.;