- (1.) For the construction of a residential colony under the planned development scheme by Ghaziabad Development Authority, a notification under Section 4(1) of the Land Acquisition Act, 1894 (The Act) was issued on 16 October 2004 for acquiring a large tract of land in situated in Village Mohiuddin Kanawoni, Pargana Loni, District Ghaziabad followed by declaration under Section 6 of the Act on 28 November 2005.
(2.) This writ petition has been filed on 6 April 2018 to quash the aforesaid notification under Section 4(1) of the Act and also the declaration made under Section 6 of the Act.
(3.) It is the only contention pressed by the learned counsel for the petitioner is that the declaration under Section 6 of the Act has been issued after more than 13 months of the notification issued on 16 October 2004 and as such the declaration could not have been made in view of Clause (ii) of the first proviso of sub-section (1) of Section 6 and resultantly the notification under Section 4(1) and the declaration under Section 6 of the Act have to be quashed.;