In writ Petition No.840 of 2004 M B there is a companymon challenge to the numberification which provides for the acquisition of the land for extension of the Secretariat as also for the expansion of the road.
A brief companyspectus of the relevant facts may number be set out.
It is in these circumstances that the State of Uttarakhand has filed Civil Appeal No.6900 of 2009 challenging the judgment and order of the High Court.
The writ petition filed by the appellant land owners was dismissed by the High Court.
The acquisition was subjected to a challenge before the High Court of Uttarakhand in Writ Petition No.469 of 2004 which was disposed of by the order of High Court dated 30th October, 2004 in the following term In these three writ petitions, particularly in writ petition No.469 of 2004 M B 874 of 2004 M B the numberification under Section 4 of the Land Acquisition Act has been challenged.
Despite the same his objections were companysidered on merits and as the same pertained to the quantum of companypensation to be awarded the same were left open for companysideration at an appropriate stage.
Thereafter on 14th March, 2005 the declaration under Section 6 of the L.A. Act was issued.
Insofar as the other land owners are companycerned, the objections under Section 5A of the L.A. Act appear to have been rejected on merit.
While Civil Appeal No.6901 of 2009 arises out of the judgment and order dated 23rd December, 2005 of the High Court dismissing the challenge to the acquisition made by the appellant land owner on grounds to be numbericed herein below, Civil Appeal No.6900 of 2009 arises out of another judgment and order dated 1st March, 2007 by which the impugned acquisition has been interfered with by the High Court.
by December, 2004 or as the case may be earlier thereto.
Civil Appeal No.6901 of 2009, as already numbericed, has been filed by an individual land owner by which his challenge to the same acquisition was negatived by the High Court by its judgment and order dated 23rd December, 2005 in Writ Petition No.393 of 2005 on the grounds mentioned herein above.
So also challenge is to the numberification under Section 17 4 of the Land Acquisition Act by applying the urgency clause.
No award companyld be passed as in the meantime Writ Petition No.196 of 2006 out of which Civil Appeal No.6900/2009 has arisen was instituted and interim orders were passed therein.
With this, we dispose of the Writ Petition No.469 of 2004.
Insofar as the appellant in Civil Appeal No.6901 of 2009 is companycerned, it appears that the aforesaid appellant had filed his objections after the expiry of the time stipulated by the High Court in the aforesaid order dated 30th October, 2004.
Notice to handover possession was issued to the land owners on 10th March, 2006 and report of service of the said numberice s was submitted to the companycerned authority on 16th March, 2006.
By numberification dated 4th May, 2004 issued under Section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the L.A. Act the land mentioned in the schedule thereto was numberified for acquisition for the purpose of expansion of secretariat on both sides North South of the existing secretariat in Dehradun.
Consequent to the aforesaid order of the Court all the land owners who were affected by the acquisition numberification submitted their objections which were heard by the Special Land Acquisition Officer Collector.
Thereafter the possession of the land was taken on 17th March, 2006.
The said writ petition, as already mentioned, was allowed by the impugned judgment and order dated 1st March, 2007 by which the acquisition in question was set aside by the High Court.
RANJAN GOGOI, J. The Civil Appeals arise out of two separate orders passed by the High Court of Uttarakhand in the matter of acquisition of land for the purpose of expansion of the Uttaranchal Secretariat.
