LAWS(UTN)-2003-7-24

VIRENDRA KUMAR PAL Vs. STATE OF UTTARANCHAL

Decided On July 23, 2003
VIRENDRA KUMAR PAL Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) HEARD Sri Ram Ji Srivastava, Advocate appearing for the petitioners and Sri N.B. Tiwari, Chief Standing Counsel on behalf of the State.

(2.) THE present writ petition has been filed praying for quashing of the acquisition proceedings dated 8.2.1962. One of the prayer seeking certiorari reads as under:

(3.) BRIEFLY stated on 15.9.1961 notification under sub section (1) of section 4 of Land Acquisition Act was published in respect of plots of 8 maujas of Jwalapur Tehsil of District Saharanpur proposing to acquire the land for public purpose. On 8.2.1962 in continuation of notification made under sub section (1) of section 4 of the Act, notification under section 6 read with section 17 (1) of the Act was made declaring that the land is needed for a public purpose namely for construction of dwelling houses for workers and for other works for setting up the factory for manufacturing heavy electric equipments or Heavy Electrical India Ltd. It was further provided that the Collector of District Saharanpur will take over the acquisition of the said land. The acquisition proceedings thus became final. After finality of acquisition proceedings notification under section 11 of the Land Acquisition Act, was made on 22nd January 1964. A perusal of possession certificate shows that possession was handed over to Heavy Electrical India Ltd. on 8.2.1962.