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Allahabad High Court · body

2016 DIGILAW 743 (ALL)

Shree Narayan Singh v. State of U. P. Thru Prin. Secy. Deptt. of Home Lko.

2016-03-01

ASHOK PAL SINGH, NARAYAN SHUKLA

body2016
JUDGMENT The petitioner has assailed the Notification dated 5 December 2015 issued under Section 6 of the Land Acquisition Act 1894 on various counts. 2. The learned counsel for the petitioner has submitted that the Notification impugned is bad in law as by the date of issuance of notice the provisions of Land Acquisition Act 1894 had been repealed by framing the new Act i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 (in short 'Rehabilitation and Settlement Act, 2013'), which was enforced on 1.1.2014. It has been submitted that after enforcement of the aforesaid Act the provisions of Section 6 of the Land Acquisition Act 1894 could not be resorted to. 3. In reply learned Standing Counsel has submitted that it is the old matter as the land acquisition proceedings had been initiated way back in 2011 vide Notification dated 20 June 2011 issued under Section 4 of the Land Acquisition Act 1894. Since the State Government did not issue a Notification under Section 6 of the Act within one year it had lapsed by passage of time. This Court also in writ petition No.4909 (MB) of 2006 had intervened in the matter and declared that since no Notification under Section 6 of the Land Acquisition Act 1894 was issued within the period provided therefor, the proceedings of land acquisition had become lapsed. 4. Aggrieved State filed Special Leave to Appeal before the Supreme Court which was registered as Special Leave to Appeal No.10329 of 2014. The Supreme Court passed the following order in the Special Leave to Appeal on 27.2.2015: - "Learned counsel for the respondent submits that, in principle, there is no objection to acquisition of the land by the State. Learned counsel for the State submits that the proposal for acquisition is pending. The state is directed to complete the acquisition proceedings within a period of four months. List after four months." 5. It has been submitted that pursuant to the order passed by the Supreme Court above the Notification impugned has been issued under Section 6 of the Land Acquisition Act, 1894, which is in continuation of Notification issued under Section 4 of the Act 1894 way back on 20 June 2011 i.e. prior to the enforcement of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013. It has further been submitted that the Notification impugned is saved with the provisions of Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013. 6. In the aforesaid factual backdrop the learned Standing Counsel has submitted that since the Special Leave to Appeal is pending consideration with the Supreme Court, if the petitioner has any grievance against the Notification impugned,, he may move an appropriate application in the pending matter before the Supreme Court. 7. In view of the aforesaid submission, we are not inclined to interfere with the Notification issued under Section 6 of the Land Acquisition Act 1894. We hereby give liberty to the petitioner to move an appropriate application in the pending matter before the Supreme Court. We make it clear that we have not given any finding on the merit of the case. With the aforesaid observation the writ petition stands dismissed.