JUDGEMENT:

O R D E R

A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act) was published in January, 1973 acquiring Ac.3.589 of land situated in Cuttack for Telecommunication Department for residential quarters of the staff, Telephone exchange, Post office etc. In exercise of the power under Section 17(4) read with 17(1) enquiry under Section 5A was dispensed with. Before the declaration under Section 6 could be published a representation was made by the wife of the respondent No.1 i.e. Dr. Sarojini Pradhan requesting to delete 24 decimals of land for construction of Nursing Home etc. In the meanwhile, Cuttack Development Authority declared the area to be commercial zone. In consequence, the appellant made an application requesting to permit construction upto 90 ft. and rest of the land may be permitted to be released for residential purposes. In the meanwhile, the representation made by Dr. Sarojini was pending declaration under Section 6 was published on June 30, 1975. A notice under Section 9 was served on November 1, 1975, possession of the land was also claimed to have been taken on April 12, 1976 and was handed over to the Union of India. The