The notices/ notifications under land acquisition act 1894
Dr Sangh Mittra
(Querist) 14 June 2013
This query is : Resolved
Is there any likelihood of admission of Writ Petition and likelihood of any relief for me in the form of quashing of acquisititon proceedings qua my piece of Land on grounds of discrimination, my defence service in which I remained outside the state boundaries and none staying in the area where my plot was situated and none of the notices/ notifications reaching me nor sent to me at my registered address outside the state where acquisition process was confined?
The fact of I then being a Squadron Leader of Indian Air Force and my address being outside the geographical boundaries of the State Government was recorded in the state revenue records.
I had constructed a Boundary Wall, small Latrine and DPC on my plot as that was all I could do being in the All India Service staying away from the acquiring state.
At the time of Notification under Section 4 of LA Act 1894 on 27 September 2007 the said residential structures had existed on my plot.
The wall is defined to mean as building under Section 2 of HUDA Act 1975.
The Notification under Section 4 and declaration under Section 6 and the award under section 12(2) were never sent to me as the Newspapers in which these were published did not have all india circulation and have never reached me.
Even the Notice under Section 9(4) was never ever sent to me.
Please advise as the other related query has remained unresolved for so long with only these pertinent queries as I intend to file the Writ Petition now as so far I have corresponded with the state officials and no reply has been given to me except that the matter is being looked in to and even now the correspodence is on and the Officials are telling each other to reply to my queries.
Dr SM
Sailesh Kumar Shah
(Expert) 07 December 2014
Question :I remained outside the state boundaries and none staying in the area where my plot was situated and none of the notices/ notifications reaching me nor sent to me at my registered address outside the state where acquisition process was confined?
Answer : in general, this plea is not admitted by the court. Notification is published in gazette and it is presumed that everyone knows.
