- (1.) Writ Petition No. 50417 of 2013 has been filed by Kashi Jeevdaya Vistarini Goshala Evam Pashushala, Varanasi for quashing the notification dated 12 August 2013 issued under Section 4 (1) of the Land Acquisition Act 1894 (the Act) while Writ Petition No. 60110 of 2013 has been filed for quashing the declaration dated 3 October 2013 made under Section 6 of the Act. The notification under Section 4 (1) of the Act was issued for acquisition of land measuring 6.6666 hectares in village Goithaha in district Varanasi for a public purpose, namely for construction of a Sewage Treatment Plant (STP) under the Trans Varuna Sewerage Plan of Jawaharlal Nehru National Urban Renewal Mission (JNNURM). The Governor was further pleased to direct under subsection (4) of Section 17 that the provisions of Section (5-A) of the Act shall not apply, since the Governor was of the opinion that the provisions of sub-section (1) of Section 17 of the Act were applicable to the said land inasmuch as the said land was urgently required for STP and that in view of the pressing urgency it was necessary to eliminate the delay likely to be caused by an enquiry under Section (5-A) of the Act.
(2.) This notification dated 12 August 2013 issued under Section 4 (1) of the Act was published in the gazette on 12 August 2013 and in the two newspapers on 14 August 2013 and 15 August 2013. Public notice of the substance of the notification was given at convenient places on 17 August 2013. The date of the publication of the notification is, therefore, 17 August 2013. The declaration dated 3 October 2013 made under Section 6 (1) of the Act was published in the gazette on 3 October 2013 and in the two newspapers on 9 October 2013. Public notice of the substance of the declaration was caused at convenient places on 17 October 2013. The date of the publication of the declaration is, therefore, 17 October 2013.
(3.) The notice under Section 9 (3) of the Act was served on 29 October 2013 and possession of the land is said to have been taken on 7 February 2015. The award was made under Section 11 of the Act on 25 July 2015.;