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1994 Supreme(All) 291

M.H.KANIA, OM PRAKASH
MANORAMA DEVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
B.D.Mandhyan, V.K.S.Chaudhary, VIKRAM NATH, YATINDER SINGH

OM PRAKASH, J.

( 1 ) THESE writ petitions revolving around one and the same controversy viz. challenging the validity of the two sets of notifications published one after another under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short the Act) in respect of the same land, amply demonstrate that tenure-holders of land sought to be acquired under the Act, for howsoever laudable and urgent purpose, zealously guard their right to land, no more constitutional but legal only, leaving no stone unturned in thwarting the acquisition proceedings and thereby giving rise to hundred per cent litigation. It is for the legislature to devise such a method with the legal framework for making acquisition-lesser painful and disadvantageous as to please the tenure-holders to readily part with their land for the purposes, conducive to the growth and development of the nation without creating legal hurdles. The Krishi Utpadan Mandi Samiti (Samiti for brevity sake) has been struggling hard right from 1984 for having a neet sub-market at Kandhla, district Musaffarnagar, no more a town in oblivion, situated in the agricultural belt of the western Uttar Pradesh known for agricultural productivit































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