B.S.CHAUHAN, RAKESH SHARMA
MANJU LATA AGRAWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Hon’ble Dr. B.S. Chauhan, J.—In all these writ petitions land acquisition proceedings, initiated under the provisions of Land Acquisition Act, 1894 (hereinafter called the Act), have been challenged on various grounds. As all the petitions raises same questions of facts and have been heard together, the same are being disposed of by a common judgment.
2. The facts and circumstances giving rise to these cases are that Notification under Section 4 (1) of the Act was published in the official Gazette dated 13.7.2006 for planned development of land measuring 67.829 hectares in revenue estate of Surakhbanga, Pargana Vrindavan, District Mathura. The urgency powers under Section 17 (1) and 17 (4) were invoked. Inquiry envisaged under Section 5-A of the Act was dispensed with. Declaration under Section 6 of the Act was made on 26.7.2007, and substance thereof was published in the local newspapers; subsequently, on 28.7.2007, in respect of the entire land notified under Section 4 of the Act, i.e., 67.829 hectares. Hence these petitions.
3. We have heard S/Shri R.N. Singh, Gaurav Banerji, S.M.A. Kazmi, learned Senior Counsel with S/Shri Anurag Khanna, M.K. Gupta, C.B. Yadav, Smt. Manju
AIR 2004 SC 4307 (Paras 15 and 22)
AIR 2003 SC 2414 (Both in Para 15)
(1993) 4 SCC 255 (Both in Para 15)
AIR 1964 SC 1217 (Para 22)-Discussed and relied on.
(1996) 6 SCC 405 (all in Para 12)
AIR 1955 SC 41 (All in Para 11)-Relied on and discussed.
AIR 1996 SC 1051 (Para 31 and 32)
(2002) 7 SCC 273: (2002) 4 SCC 578
(2006) 1 SCC 667 (Both in Para 64)
AIR 1998 SC 577 (All in Para 61)
AIR 1969 SC 392 (Para 61)-Relied on and discussed.
AIR 1954 SC 179 and AIR 1943 FC 1 (Both in Para 55)-Discussed and relied on.
(1993) 2 SCC 84 (Paras 35 and 44)
AIR 1984 SC 1721-Relied on and considered.
AIR 1976 SC 2547 and AIR 1976 SC 2433 (All in Para 33)-Followed.
AIR 2001 SC 386 (Both in Para 40)
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