- (1.) The challenge in this petition filed under Article 226 of the Constitution is to the notification dated 22.7.1991 (P-1), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') and declaration made on 10.2.1992 (P-4), issued under Section 6 of the Act and subsequent award dated 24.2.1994 (P-5). The possession of land has been taken long back. The only ground pleaded for challenging the aforementioned notifications and award is that a number of other writ petitions, like C.W.P. No. 5224 of 1994 and 3927 of 1994, have been filed challenging the notifications and award. Those petitions were admitted with interim directions.
(2.) After hearing learned counsel we are of the considered view that the cause of action which has arisen to the petitioners in the year 1991/1992 or at best on 24.2.1994 when the award was announced. The petitioners could have challenged the aforementioned action of the respondent State within a period of three years, which is the limit provided for filing suit, as has been opined by a Constitution Bench of Hon'ble the Supreme Court in the case of State of M.P. v. Bhailal Bhai, 1964 AIR(SC) 1006.The mere fact that the petitioners are continuing in possession would also not give them cause of action because the possession is deemed to have been taken by the respondent State under Sections 16 and 17 of the Act after the entries were made in the record, as has been held by Hon'ble the Supreme Court in Balmokand Khatri Educational and Industrial Trust v. State of Punjab, 1996 4 SCC 212.
(3.) In view above, there is no merit in the instant petition and the same is dismissed.;