By the Court.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Udyan Nandan, learned Advocate who appeared in support of this petition and Sri Jyotindra Mishra, learned Advocate General, Sri S. G. Hasnain, learned Additional Advocate General, Sri M. C. Chaturvedi, Chief Standing Counsel who appeared for the respondent No. 1 and 4, Sri Dinesh Dwivedi, learned Senior Advocate assisted by Sri Yashwant Verma, learned Advocate who appeared for the respondent No. 3.

2. Writ petition, counter affidavit, rejoinder affidavit and a supplementary affidavit filed by respondent No. 3 dated 27.7.2009 received on 12.8.2009 to which, on asking no response is filed are on record and they are perused.

3. By means of this writ petition prayer is to quash the notifications dated 15.10.2007 (annexure No. 1 to the writ petition ) and notification dated 4.1.2008 (annexure No. 2 to the writ petition) issued under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). There is a further prayer for issuance of writ in the nature of mandamus restraining the respondents from interfering in the possession of the petitioners over plot No. 437 situated at village Korab, Tehsil Mahaban, district Mathura. Land in dispute which is plot No. 437 is only 1.0348 hectares as is clear from khatauni extract.

4. The purpose of acquisition of land in dispute is to construct a express way of which detail has come in subsequent part of judgment. In this petition small area, out of huge area so acquired is only under challenge.

5. Before notice of the arguments from either of sides certain basic facts to understand the issue about which there may not be much dispute can be hurriedly noticed.

6. The State Government while exercising the powers under Clause D of Section 2 of the U.P. Industrial Area Development Act, 1976 notified the land of eight villages of Tehsil Sadar, district Gautam Budh Nagar as industrial development area and also constituted an authority under Section 3 of the said Act named as Taj Expressway Industrial Development Authority headed by Principal Secretary, Government of U.P. Industries Development and Industrial Development Commissioner. Thereafter by notification dated 22.8.2001 schedule was amended and Taj Expressway to include land of several villages of district Gautam Budh Nagar, Aligarh, Agra and Mathura etc. was issued. After that notification the land of various villages of the districts as noted became part of industrial development area to be called as Taj Expressway. The State Government by an advertisement dated 23.5.2001 invited offers for construction of 160 kms. Taj Expressway. It was published in two daily news papers having wide circulation. The purpose and object of the project as mentioned in the advertisement is to be quoted here :

“The absence of a major highway on the eastern side of Yamuna in U.P. is resulting in longer travel time as well as inconvenience to road users. Considering this, U. P. Government is contemplating to provide an access-controlled expressway connecting New Delhi with Mathura and further Agra. The objectives of the proposed Expressway are as follows :

(i) Provide a fast moving corridor to minimize the travel time.

(ii) To connect the main townships/commercial centres on the eastern side of Yamuna.

(iii) To relieve NH-2 which is already congested and runs through the heart of cities like Faridabad, Ballabgarh and Palwal.”

7. This was a project of building six lane motorable road from Greater Noida to Agra which is to run over 160 kms. The highway between Noida Toll Bridge to Greater Noida was already constructed by the State Government which is about 25 kms. The project was offered as a Joint Venture (JV) in which case a Special Purpose Vehicle (SPV) was to be floated and in the alternate the bidder could take the project exclusively. The respondent No. 3 exercised the second option for taking the project exclusively. Pursuant to the initial advertisement bids