Vinod Kumar vs State of U.P.and Others

Om Prakash and B. K. Sharma, JJ.—Heard learned counsel for the petitioner.

The petitioner seeks quashing of the impugned notification dated 27021996 issued under Section 4(1), the declaration dated 2091996 issued under Section 6(1) and a notice dated 16121996 issued under Section 9(1) of the Land Acquisition Act. It is not disputed that notification under Section 17 was also issued.

The contention of the petitioner is that her agricultural land is sought to be acquired whereas in the neighbouring vicinity enough Banzar land is available.

In Writ Petition No. 23997 of 1996, A. P. Sareen and others v. State of U.P. and others, a Division Bench of this Court relying upon the case of Ghaziabad Development Authority v. Jan Kafyan Samiti, Sheopuri Ghaziabad and others, J.T. 1996 (1) SC 568, held that upon expiry of 15 days from the date of notice issued under Section 9 of the Land Acquisition Act, the Government is entitled to take possession of the land and by operation of subsection (2) of Section 17 though award has not been made under Section 11, the land stands vested in the Government free from all encumbrances. This Court also held that the possession will be deemed to have been taken over no sooner the notification under Section 17, read with Section 9 of the Act is issued, meaning thereby, that the occupant of the land stands divested from the land immediately upon the expiry of 15 days from the date of notice issued under Section 9 of the Act. It was held that by fiction, the possession is deemed to have been taken over, though no actual possession is taken.

Following the aforesaid authority, we hold that in view of the provisions of Section 17, read with Section 9 of the Land Acquisition Act, the land in question has already vested in the State Government and, therefore, no interference in warranted in this case.

For these reasons, the petition is dismissed. Petition dismissed.