M.M.KUMAR, J. - (1.) THIS order shall dispose of Civil Writ Petition Nos. 14685, 14686 of 1998, 16124 of 1998 and 8039 of 2005 as common question of law and facts are involved in all these petitions.
(2.) THE petitioners have claimed by filing these petitions under Article 226 of the Constitution that notification dated 31.1.1992 (Annexure P-1) issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') as also declaration issued under Section 6 of the Act on 29.1.1993 (Annexure P.2) be quashed. A further prayer has also been made for quashing subsequent notices dated 31.8.1998 issued under Section 9 of the Act (Annexures P.3 and 3A). The principal ground taken in the petition is that the respondents have not announced the award within the stipulated period of two years as per the requirement of Section 11-A of the Act. It has also been pleaded that in any case no permission from the competent authority before announcement of the award was obtained. In the written statement filed by the respondents the stand taken is that there is no delay in announcement of the award, dated 5.3.2003, as the proceedings were stayed by this Court in various petitions. The detail of all those petitions has been mentioned by the Division Bench of this Court in the judgment dated 14.12.2006, rendered in CWP No. 11352 of 2004 - Kailash Wati and others v. Union of India and others, 2007(2) RCR(Civil) 29 (P&H) which is as under:- S.No. Dates Particulars 1 31.1.1992 Notification under Section 4 of the Land Acquisition Act was issued. 2 29.1.1993 Notification under Section 6 of the Act was issued. 3 12/02/93 Notification under Section 6 of the Act was published. 4 13.2.1993 to 23.2.1993 No stay i.e for 11 days (A) 5 24.2.1993 Stay in CWP No. 2126 of 1993 was granted 6 22.9.1995 CWP No. 2126 of 1993 was dismissed by Division Bench by passing a detailed order. 7 23.9.1995 to 2.7.1997 No stay i.e in the year 1995=110 days in the year 1996=365 days in the year 1997=183 days 658 days(B) 8 03/07/97 Stay in CWP No. 4433 of 1996 was granted 9 11/08/97 CWP No. 4433 of 1996 was allowed by short order without considering the earlier order passed in CWP No. 2126 of 1993 (supra). Therefore## Review Application No. 244 of 1998 was filed wherein delay was condoned and the Review Application was heard on merits. 10 31.10.2003 Review application No. 244 of 1998 was allowed and thereby CWP 4433 of 1996 alongwith bunch of petitions were dismissed. Again CM No. 7175 of 2003 was filed in CWP No. 4433 of 1996 taking the new plea of the proceedings being lapsed because of the expiry of two years period after the publication of the notification under Section 6 of the Act. 11 01/04/03 C.M No. 7175 of 2003 was dismissed as withdrawn. 12 06/02/03 Notice under Section 9 of the Act was issued and objections were invited upto 28.2.2003. 13 05/03/03 Award was made and pronounced. 14 1.2.2003 to 14.3.2003 No stay i.e. for 32 days (c) 15 Total of (A+B+C) 11+658+32=701 days.
(3.) THE respondents have further pleaded that Kailash Wati's case (supra) and many other writ petitions have already been dismissed involving the same notifications either in respect of this very pocket of land or in respect of another pocket of land for which notifications under Sections 4 and 6 of the Act were issued on the same day as there was common purpose contemplated, namely, development of residential-cum-commercial complex and for construction of College Building and Sports Stadium.;