- (1.) This petition initially came to be filed questioning the acquisition proceedings of plot Nos.369, 370 and 371 of Khata No.634 measuring 0.576 hectares of Village Ranopali, Pargana Haveli Avadh, Tehsil & District Faizabad recorded in the name of the petitioner.
(2.) The contentions that have been raised before this Court are manifold, namely that the proposal for acquisition for a Residential Scheme was submitted before the State Government on 24.1.1997 that culminated in issuance of a Section - 4 notification for acquiring the land after 7 years on 23.6.2004. The notification under Section 6 of the Land Acquisition Act, 1894 was issued on 21.2.2005. According to the respondents, the possession was taken on 7.9.2005 which is however being disputed by the learned Counsel for the petitioner. An Award was made on 10.4.2007.
(3.) Dr. L. P. Misra, learned Counsel for the petitioner submits that there was a considerable delay between the proposal and the issuance of the notification under Section 4, and therefore there was no urgency to acquire the land. He submits that even if there was any urgency with regard to the Scheme, the urgency clause could not have been invoked in the aforesaid background of the facts. He further submits that the Award was also made after the statutory period of 2 years as provided under Section 11-A of the Land Acquisition Act, 1894 and therefore the acquisition proceedings stood lapsed in terms thereof.;