IMPORTANT POINT
Main consideration for quashing an acquisition would be overall development on substantial part of the acquired land.

JUDGMENT :

Adarsh Kumar Goel, J.

1. Leave granted. This appeal has been preferred against judgment and order dated 30th May, 2012 of the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.13109 of 2009 whereby the High Court allowed the writ petition and set aside the notification dated 12th March, 2008 under Section 4(1) and Section 17(4) of the Land Acquisition Act, 1894 (the Act) and the notification dated 3rd February, 2009 under Section 6 read with Section 17(1) of the 1894 Act.

2. The notified purpose for acquisition of land is ‘planned industrial development’ of Greater Noida Industrial Development Authority (GNIDA). Land of the respondents is in Village Chhapruala and is part of larger area of land acquired falling in many adjoining villages. The Award was declared on 31st March, 2011.

3. The original petitioners did not receive the compensation as they had already filed a petition in the High Court on 3rd March, 2009 mainly on the ground that the urgency clause could not have been invoked so as to deprive the land owners of their right to file objections. On coming to know of the proposed acquisition, the respondents made representation dated 11th April, 2008 stating that they were running an agro based industry and floriculture for producing hybrid seeds of flowers. Case of the writ petitioners was that possession was wrongly shown to have been taken on 9th March, 2009 as interim order was already passed on 5th March, 2009.

4. The writ petitioners relied upon decisions of this Court inter alia in Anand Singh versus State of U.P., (2010) 11 SCC 242 Dev Sharan versus State of U.P., (2011) 4 SCC 769 Radhey Shyam (dead) through Lrs. versus State of U.P., (2011) 5 SCC 553 Devendra Kumar Tyagi & Ors. versus State of U.P., (2011) 9 SCC 164 Devendra Singh & Ors. versus State of U.P. & Ors., (2011) 9 SCC 551 Greater Noida Industrial Development Authority versus Devendra Kumar & Ors., (2011) 12 SCC 375 and Darshan Lal Nagpal versus Government of NCT of Delhi & Ors., (2012) 2 SCC 327 in support of their case.

5. The stand of the State is that having regard to immediate need for development and likelihood of illegal and unauthorized constructions, invocation of urgency clause was justified. It was submitted that the power under Article 226 should not be exercised so as to obstruct development of infrastructure which will serve larger public interest. Instead, the relief could be moulded so to compensate the writ petitioners. It was submitted that the land was part and parcel of larger area. In view of substantial development having taken place, the plea of the writ petitioners should not be considered in isolation. Reliance was placed on a Full Bench Judgment of the High Court in Gajraj and others versus State of U.P. and others, (2011) 11 ADJ (1) whereby 461 petitions were decided. Acquisition was upheld but additional compensation of 64.70 per cent was awarded with further direction to allot developed plots to the extent of 10 per cent of the acquired land subject to maximum of 2500 square meters as against allotment of abadi plots to the extent of 6 per cent. This order was passed having regard to the extent of development, which had already taken place after the acquisition. The said judgment also covered land of village Chhapraula as a part of group No.18 (out of 65 groups). While discussing the writ petitions of village Chhapraula, the Full Bench judgment noted that compensation had already been disbursed to the extent of 76 per cent.

6. The Division Bench of the High Court, following the decisions of this Court referred to above, held that power of dispensing inquiry under Section 5A could be exercised in exceptional situations and not without real urgency. In the present case, invocation of urgency was not justified. The judgment of the Full Bench in Gajraj (supra) was distinguished on the ground that therein the writ petition was filed with delay of two years and in some cases where there was no dela