DR. SASHI SAGAR VERMA Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ of mandamus commanding the respondents to set-free the land acquired by the respondents and hand over the possession thereof to the petitioner, forthwith.

(2.) The indisputable facts, in nutshell; as projected by the petitioner are that the petitioner is owner of the disputed land bearing Khasra Nos. 671/5 and 672/5 measuring about 30 decimal, situated at village Janjgiri, Dist. Durg. Admittedly, a notification under Sec. 4 (1) of the Land Acquisition Act, 1894 (for short, "the Act, 1894") was issued on 12-12-1995 and published in the official gazette on 29-12-1995 (Annexure R-1). Thereafter, a notification under Sec. 6 of the Act, 1894 was published in the official gazette on 5-1-1996 (Annexure R-2). The award consequent thereupon was passed on 6-12-1997 (Annexure R- 3). The petitioner during this period slept over his right and filed the present petition on 9-1-2003 after a period of 5 years from passing the award, questioning the acquisition of the land on the ground that no opportunity of hearing was afforded to the petitioner, no objection of the petitioner was considered and other adjacent land, which was acquired for public purpose, was set free.

(3.) Be that as it may, the law on the issue as to whether a writ petition is maintainable after passing of the land acquisition award, is well settled. The petitioner slept over his right for a long period, even after passing of the award. A notification under Sec. 4 (1) of the Act, 1894 was issued on 12-12-1995 and no objection was taken by the petitioner. A notification under Sec. 6 of the Act, 1894 was published in the official gazette on 5-1-1996 (Annexure R-2). The petitioner did nothing during the acquisition proceeding and even after passing of the award.