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Government Employees S. Co-operative. H.B. Society Vs. Union of India - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtDelhi High Court
Decided On
Case NumberLetter Patent Appeal No. 258 of 1971
Judge
Reported inAIR1982Delhi362; 22(1982)DLT147; 1982(3)DRJ446
ActsLand Acquisition Act, 1894 - Sections 4
AppellantGovernment Employees S. Co-operative. H.B. Society
RespondentUnion of India
Cases ReferredB.K. Prakash Mani v. Uoi
Excerpt:
land acquisition act, 1894 - sections - 4 & 6. if an earlier notification under section 4 is held invalid, govt. has a right to issue a 2nd notification. from land notified under section 4, govt. ha* a right to make declaration under section 6 of a portion. it can make 2nd or successive declaration under section 6 of remaining portion. - - 6, 7 were perfectly valid as these were issued after having and considering the objections of the interested persons......58, govt. denotified their 28.15 acres which included 12 bids was (8+4) in dispute. on 6-11-58, govt. issued notification u/s. 4 about 31.72 acres and this included said 8+4 biswas. then notification u/s. 6, 7 was issued in respect of portion of land on 18-10-63 and another declaration u/s. 6, 7 was made on 3-9-64 about some more land which included said 8+4 biswas. appellant filed writ on 3-3-65 against notifications of 6-1 1-58 and 3-9-64. single judge dismissed the writ and society filed l.p.a. (2) it was held that the govt. had a right to issue notification on 5-11-58 after notification of 8-3-57 .had been declared invalid. invalidity arose as notification claimed urgency. no infirmity attached to notification of 6-11-58. notifications u/s. 6, 7 were perfectly valid as these were.....
Judgment:

Avadh Behari, J.

(1) Appellant Society owned certain lands. Govt. also allotted to it some lands. Govt. then by notification u/s. 4 of L.A. Act acquired all their lands. Then in March, 58, Govt. denotified their 28.15 acres which included 12 bids was (8+4) in dispute. On 6-11-58, Govt. issued notification u/s. 4 about 31.72 acres and this included said 8+4 biswas. Then notification u/s. 6, 7 was issued in respect of portion of land on 18-10-63 and another declaration u/s. 6, 7 was made on 3-9-64 about some more land which included said 8+4 biswas. Appellant filed writ on 3-3-65 against notifications of 6-1 1-58 and 3-9-64. Single Judge dismissed the writ and Society filed L.P.A.

(2) It was held that the Govt. had a right to issue notification on 5-11-58 after notification of 8-3-57 .had been declared invalid. Invalidity arose as notification claimed urgency. No infirmity attached to notification of 6-11-58. Notifications u/s. 6, 7 were perfectly valid as these were issued after having and considering the objections of the interested persons. Notification u/s. 4 is reservoir from which portions may be drawn and notified u/s. 6 at different times but within a fixed period. Notification u/s 6 does not exhaust the omnibus S. 4 reservoir. Land Acquisition (Amendment & Validation) Act, 1976, authorises Govt. to make any number of declarations u/s. 6 of different portions of land within a fixed period. Act also validated earlier acquisitions. But if a certain land is notified u/s. 6, a 2nd notification about same land cannot be issued u/s. 6 per B.K. Prakash Mani v. Uoi 1975. Rajdhani L.R.431. 8+4 bids was were not mentioned in notification of 18-12-63. These could thus be notified on 3-9-64. Notification pertaining to this is thus not invalid.


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