A numberification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act was published in January, 1973 acquiring Ac.3.589 of land situated in Cuttack for Telecommunication Department for residential quarters of the staff, Telephone exchange, Post office etc.
Thus these appeals by special leave.
A numberice under Section 9 was served on November 1, 1975, possession of the land was also claimed to have been taken on April 12, 1976 and was handed over to the Union of India.
After an elaborate companysideration and scrutiny of the necessary material, Union of India rejected the representation on June 3, 1987.
All others had accepted the award, a few of them under protest.
The Land Acquisition Officer made his award on November 2, 1976 and paid the amount to all persons who had accepted the award or those who received under protest and it is said that as regards the amount awarded to Dr. Sarojini Pradhan, it was kept in deposit.
Since the declaration was made after the amendment to Section 6 has companye into existence, the numberification under Section 4 1 was held to be invalid.
Thereafter the respondents filed W.P. No.435 of 1988 challenging the numberifications.
The High Court by the impugned order dated October 31, 1990 quashed the numberification under Section 4 1 on the ground that the exercise of the power under Section 17 4 was invalid.
In the meanwhile the headquarters of the Telecommunication Department was shifted from Cuttack to Bhubaneswar but it was decided that the existing staff would remain at Cuttack.
The High Court by order dated March 16, 1982 disposed of the writ petition with a direction to the Government to companysider the representation of the respondent for exclusion of the land from acquisition.
