Hon’ble V.C. Misra, J.—The present writ petition has been filed by the petitioners-Sundar Garden Welfare Association formed by the residents of the society. The petitioner No. 2 is the Secretary of the society who has been authorized by the residents of the colony to prefer the present writ petition vide resolution dated 28.11.2004 of the association and authorized the petitioner No. 2 to sign and contest the petition on their behalf challenging the notification issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act) in respect with the plots purchased and owned by the petitioners mentioned in para 5 of the writ petition and seeking a writ, order or direction in the nature of certiorari for quashing the said gazette notification alongwith a writ of mandamus commanding the respondents not to dispossess the petitioners by demolition of the houses situate on the aforesaid plots have been acquired by the State Government.

2. The facts of the case of the petitioners in brief are that the petitioners-association purchased the aforesaid bhumidhar land free from all encumbrances bearing plot Nos. 496, 497, 544, 501, 500, 578, 502, 504, 505, 498, 536, 538, 539 and 541 distributed amongst its members through registered sale-deeds. After purchasing the aforesaid plots a colony was developed by the petitioners in the name of Sundar Garden Colony and after developing the said land the houses were constructed thereupon by the members of the society. The said houses are being occupied by the members of the society. The State Government acquired a large area of land under the Act. The members of the petitioners society had filed Case No. 2 of 2001 before the Assistant Collector under Section 143 of U.P.Z.A. and L.R. Act for being declared as abadi land. Since the petitioners, as per the report of the Tehsildar, were registered as bhumidhar with transferable rights over the said land on 2.1.2001, the Tehsildar, Ghaziabad recommended for declaration of the said land as abadi and the same was being used as tenure holders for residential purposes and was not being used for Agriculture, Horticulture and Animal Husbandry. The Sub Divisional Magistrate, Loni, Ghaziabad vide its order dated 19.3.2001 declared the said land as abadi.

3. On coming to know of some acquisition proceedings to be initiated by the respondents-State Government in respect with the said land, they filed their objections before the State Government and a survey was made by the concerned authorities of the State Government. As per survey report there exists several residential houses of the members of the society on the aforesaid plots. However, the State Government vide gazette notification dated 16.4.2003 acquired the aforesaid land which was published in an unknown newspaper, namely, “Dainik Pralayankar”. A gazette notification dated 16.4.2003 under Section 17 (1) of the Act was issued by the State Government to the effect that the provisions of Section 17 (1) of the Act are applicable to the said land inasmuch as the same was urgently required for the Planned Industrial Development in District Ghaziabad and it was necessary to ward off the delay likely to be caused by an inquiry and hearing of objections from the owners of the land under Section 5-A of the Act with further directions under Section 16 (4) of the Act making the provisions of Section 5-A of the Act inapplicable. Thus, the due procedure as provided under Section 4 of the Act was not followed as the notification was not published in two local newspapers having wide circulation neither local publication was made in original language nor the notice was pasted on conspicuous place, even Munadi was not made. This notification was followed by a gazette notification dated 30.6.2003 under Section 6 of the Act being satisfied that the land mentioned in the schedule was needed for the purpose of Industrial Development of Ghaziabad through Uttar Pradesh State Industrial Developm