Minorities Development Society, v. The District Collector,

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.29598 OF 2010 ORDER:

The petitioner raises unsustainable challenge to a notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act').

This Court on 29.11.2010 directed respondents to consider the representation dated 04.08.2010 and the report of 5th respondent dated 18.03.1990.

In view of the interim order, this Court is of the view that the respondents ought to have considered the objections, and if decision is taken in this behalf, the petitioner can challenge the decision taken on the representation. From the counter affidavit, it is not clear as to the stage of acquisition. At this stage of the matter, this Court is not inclined to exercise the discretion or jurisdiction to the challenge laid to the notification under Section 4(1) of the Act.

The writ petition fails and is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date:03.08.2017 Stp