Government Employees S. ... vs Union Of India
1982 Latest Caselaw 116 Del

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 biswas (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 biswas 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.