Once a Section 4 Notification exempts properties, there can be no acquisition in pursuance of that Notification.

Judgement

JUDGMENT :- These two matters can be disposed of by this common order. On 13th November, 1959, a Notification under Section 4 of the Land Acquisition Act was issued. This Notification specifically stated that Government lands and evacuee properties were excluded. Before us it is not disputed, as it could not be, that on the date of issuance of this Notification the property concerned, in these appeals, were evacuee properties.

2. Thereafter, declarations under Section 6 were issued on 23rd December, 1968 and 2nd January, 1969. Awards came to be passed only in 1982/1983. A number of parties, including the respondents filed writ petitions challenging the acquisition proceedings. These writ petitions came to be disposed of by a judgment dated 14th December, 1995. The writ petitions filed by these respondents were allowed inter alia on the ground that the Notification under Section 4 exempted evacuee property and that therefore acquisition could not take place in respect of these properties. In our view, the reasoning of the High Court is correct. Once Section 4 Notification itself exempted these properties, there can be no acquisition in pursuance of that Notification. Further

proceedings taken in the absence of a proper Section 4 Notification cannot be sustained.

3. It was submitted that respondents (petitioners in the writ petitions) were guilty of gross laches and delay. However, no factual basis in support of this contention, has been placed before this Court. We, therefore, do not propose to go into this aspect in these Appeals.

4. We, therefore, see no reason to interfere with the judgment of the High Court. The Civil Appeals are dismissed.