- (1.) Heard learned counsel for the applicants, who have moved I. A. No. 1558 of 2012 and learned counsel for the petitioner as well as learned Advocate General for the respondents- State.
(2.) Learned counsel for the applicants submitted that it is true that the big chunk of land was acquired under the provisions of the Land Acquisition Act,1894 (hereinafter referred to as the Act) by invoking power under Section 17(4) of the Act. However, the compensation amount was not paid to the raiyats, but it was deposited in the Treasury of the State Government. It is submitted that the applicants are in possession of the land in question and because of non-payment and non-receiving of the compensation amount the applicants are claiming their rights over the land under acquisition. It is also submitted that the applicants were cultivating the land and their names are still in the Jamabandi. It is also submitted that the applicants are paying the rent to the State Government.
(3.) Learned counsel for the applicants relied upon the judgment of the Hon'ble Supreme Court delivered in the case of Darshan Lal Nagpal vrs.- Government of NCT of Delhi & others, 2012 2 SCC 327E wherein Hon'ble Supreme Court held that urgency power of acquiring the land under Section 17(4) can be invoked when in fact there is urgency for acquiring the land by dispensing with enquiry under Section 5-A of the Land Acquisition Act,1894.;