OM PRAKASH AGRAWAL Vs. STATE OF CG AND OTHERS
LAWS(CHH)-2015-6-13
HIGH COURT OF CHHATTISGARH
Decided on June 15,2015

OM PRAKASH AGRAWAL Appellant
VERSUS
State Of Cg And Others Respondents




JUDGEMENT

- (1.)Since challenge in all the above-mentioned petitions is to one and the same notification dated 20.1.2006 issued under Section 4 (1) of the Land Acquisition Act published in the official gazette on 3.2.2006; the order passed on 4.3.2006 by the Land Acquisition Officer in Revenue Case No. 7A-82 Year 2005-2006 as well as the notification published on 14.3.2006 under Section 6 of the Land Acquisition Act, they are disposed of by this common order.
(2.)Challenge to the aforesaid notifications and the order is mainly on the ground that the procedure laid down under the Land Acquisition Act, in particular compliance of Section 5-A (1&2), has not been followed properly by the State authorities. Another ground raised by the petitioners in their respective petitions is that the order impugned has been passed in arbitrary exercise of the power by the Land Acquisition Officer without complying the principles of natural justice.
(3.)In all the three petitions proceedings were drawn under the Land Acquisition Act 1894 and interim orders regarding maintenance of status quo by the parties in respect of land in question were also passed. During pendency of writ petitions the Central Government has enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) (hereinafter referred to as the new Act) which was made applicable with effect from 1.1.2014.
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