M. Katju, J. - (1.) -This writ petition has been filed against the impugned notification dated 3.1.1983 under Section 4 of the Land Acquisition Act and notification dated 12.2.1986, Annexure-2 to the petition under Section 6 and the letter dated 29.11.2003, Annexure-3 to the petition. The petitioner has also prayed that the respondents be restrained from dispossessing him from the land in dispute and from demolition of the construction thereon.
(2.) HEARD learned counsel for the parties. A bare perusal of the notification under Section 4 shows that it is stated therein that the land in question has been acquired for a public purpose. The notification under Section 6 states that the public purpose is for a planned development scheme in district Agra for housing. The petitioner claims to be the bhumidhar of certain land in village Bhogipur district Agra. The details of the area and plot are given in para 4 of the petition.
(3.) IT is stated in para 6 of the petition that the land which is being acquired is constructed upon and the plot of the petitioner are having construction. In para 7 of the petition it is stated that neither notification under Section 9 was issued to the owners including the petitioner nor any award has been prepared and thus in view of Section 11A of the Land Acquisition Act the proceedings have lapsed. However, the petitioner has been served a notice dated 29.11.2003 asking him to accept compensation of 80% of the estimated amount vide Annexure-3. IT is alleged in para 9 of the petition that the petitioner had no knowledge of the land acquisition proceeding before receiving the letter dated 29.11.2003. In paras 11 to 13 of the petition it is alleged that the scheme which was floated through notification of 1983 followed by subsequent notification of 1986 was abandoned and this is clear from the subsequent notification published in Amar Ujala dated 10.5.2000.;