Court No. - 29
Case :- WRIT - C No. - 30522 of 2011 Petitioner :- Heeru And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- A.K. Pandey,Maheep Singh Counsel for Respondent :- C.S.C.,Archana Singh,Siddharth Verma
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
The petitioners have filed this petition challenging the notification dated 22.8.2006 issued by the State Government under Section 4 of the Land Acquisition Act proposing to acquire the said land and notice dated 28.3.2011 by which information was given for the payment of compensation on a particular date and requiring the petitioners to be present and receive the same.
In the counter affidavit filed on behalf of the Collector, Chandauli, it has been stated that the aforesaid land has been finally acquired with the declaration made under Section 6 of the Act on 22.8.2006. The award in respect of the said acquisition has been declared on 22.7.2010 and the possession has been taken over on 6.1.2009. It is in pursuance of the above award that information was sent to the petitioners to receive compensation.
The petitioner has not challenged the award or the declaration made under Section 6 of the Act.
In view of the above, mere challenge to Section 4, which is only a proposal is meaningless and the petitioners cannot succeed until and unless the declaration made under Section 6 is also challenged.
In the absence of any challenge to the declaration, we find no substance in this petition and the same is dismissed.
Order Date :- 29.4.2019/Pramod Tripathi