- (1.) The petition raises a short issue. The challenge is to the land acquisition proceedings under the Raj. Land Acquisition Act, 1953. The notification was issued under Section 4(1) of the Raj. Land Acquisition Act on 9-1-79. Notices required under Section 4(5) of the Raj. Land Acquisition Act were issued on 21-7-79. Thereby, the declaration under Section read with Section 17(1) was published on 14-7-83 which also contains directions of State Govt, under Section 17(1) of the Act for taking possession of the land.
(2.) No return has been filed by any of the party disputing any of the dates, mentioned above.
(3.) It is in the aforesaid chronology of the facts the petitioner contends that the declaration under Section 6 has been issued without jurisdiction and in clear violation of prohibition contained in Section 5(2) of the Raj. Land Acquisition (Amendment and Validation) Act, 1981, Section 5 reads as under:- "5(1) Not with standing any judgment, decree or order of any court to the contrary; (a) no acquisition of land made or purporting to have been made under the principle Act before the commencement of this Act, and no action taken or thing done (including any order made, agreement entered into, or notice given) in connection with such acquisition shall be deemed to be invalid or even to have become invalid merely on the ground - (i) that one or more Collectors have performed the functions of Collector under the Principal Act in respect of the land covered by the same notice under sub-section (5) of Section 4 of the principal Act; (ii) that one or more reports have been made under sub-section (2) of Section 5A of the principal Act, whether in respect of entire land or different parcels thereof, covered by the same notice under sub-section (5) of Section 4 of the principal Act; (iii) that one or more declarations have been made under Section 6 of the principal Act in respect of different parcels of the land covered by the same notice under sub-section (5) of Section 4 of the principal Act; (b) any acquisition in pursuance of any notice given under sub-section (5) of Section 4 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notice given), whether before or after such commencement. In connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (4) or any of them. (2) Notwithstanding anything contained in clause (b) of sub-section (1) no declaration under Section 6 of the principal Act in respect of any land for the acquisition of which notice under sub-section (5) of Section 4 of the principal Act has been given before the commencement of this Act shall be made after the expiry of two years from the commencement of the said Act.";