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2011 Supreme(All) 1617

[2011(6) ADJ 140 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND KASHI NATH PANDEY, JJ.
Smt. RAJNI AND OTHERS .....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 20156 of 2009, 14869 of 2008, 9418 of 2010, 15145, 15436, 15485, 15537, 15538, 15539, 15542, 15543, 15643, 15727, 15738, 15746, 15820, 15841, 15845, 15908, 15916, 16102, 16999, 17027, 17265, 17272, 18303, 18546, 18577, 18579, 18580, 18582, 19204, 19012, 19525, 19817, 19810, 19820, 19822, 19823, 20431, 20650, 21536, 6545, 21563, 22386, 21140, 15434, 23956, 38706, 22084, 22085, 51951, 53453, 64806, 18305, 20101, 19818 and 22082 of 2008, decided on 30th May, 2011)

Advocates:
Counsel :
H.R. Mishra for the Petitioner; Zafar Naiyar, A.A.G.; M.C. Chaturvedi, C.S.C. and M.C. Tripathi, A.C.S.C. for the Respondents.

Headnote:Land Acquisition Act, 1894—Sections 17, 5-A, 4, 6 and 48—Notification—Challenge of—Acquisition by State Government for “planned industrial development” by GNOIDA Industrial Development Authority dispensing with an enquiry—And opportunity to land owners to object to acquisition—Notifications under Sections 4/17 (1) dated 5.9.2007 and notification under Section 6/17(1), dated 27.2.2008 in respect of those persons who have not accepted compensation, or full compensation, are set aside to effect that application of Sections 17(1) and (4) with notification under Section 4 is set aside—Respondents shall be free to take appropriate action after complying with Section 5-A(1)(2) of Act—If they feel aggrieved by fresh exercise undertaken by State Government, they shall be free to avail appropriate legal remedy—As regards those persons who have accepted compensation, since no significant development has been made on land acquired by State Government for GNOIDA, they were given liberty to apply to State Government by making representations for release of their lands under Section 48(1) of Act. [Paras 3, 25, 26 and 27]

       

JUDGMENT

By the Court.—We have heard Shri H.R. Mishra, Senior Advocate appearing for the petitioners. Sri Zafar Naiyar, learned Additional Advocate General assisted by Sri M.C. Chaturvedi, learned Chief Standing Counsel and Sri M.C. Tripathi, learned Additional Chief Standing Counsel appearing for the State Respondents.

2. Sri Ramendra Pratap Singh has filed counter-affidavit on behalf of GNOIDA Industrial Development Authority (GNOIDA).

3. By these writ petitions, the petitioners have challenged the notifications dated 5.9.2007 under Section 4 of the Land Acquisition Act and notification dated 27.2.2008 under Section 6 of the Land Acquisition Act issued by the State Government, by which the land in Village Gulistanpur, Pargana Dadri, Tehsil Sadar, Distt. Gautam Budh Nagar, has been acquired by the State Government for ''planned industrial development' by GNOIDA Industrial Development Authority (GNOIDA), applying Section 17 (1) and (4), dispensing with enquiry and opportunity to the land owners to object to the acquisition, and authorising the State Authorities to take over possession though no compensation has been paid.

4. A counter-affidavit has been filed by the State respondents stating in paragraphs 3 to 5 as follows :

"3. That before giving parawise reply to the contents of the writ petition, a brief summary of the basic facts regarding the acquisition proceedings which is under challenge in the present writ petition and refers to the notification under Section 4(1)/17(4) and 6/17(1) of the Land Acquisition Act dated 5.9.2007 and 27.2.2008 respectively in respect of land in Village Gulistanpur Pargana Dadri and Tehsil Sadar District Gautam Budh Nagar is being submitted in the form of a chart as below :

4. That the complete factual details with regard to the initiation of the acquisition proceedings are being submitted herein below :

(a) By Notification of Industrial Development Anubhag - 4 Government of U.P. a development authority known as GNOIDA Industrial Development Authority was constituted in 1991 under Section 3 of U.P. Industrial Area Development Act 1976.

(b) The village Gulistanpur Pargana Dadri Tehsil Sadar of G.B. Nagar is the part of the notified area under the GNOIDA Industrial Development Authority. For the purpose of Planned Industrial Development in District Gautam Budh Nagar - A proposal for the Acquisition of 170.891 hectares of land in Gulistanpur Pargana Dadri Tehsil Sadar along with the note for justification for invocation of urgency clause under Section 17 Land Acquisition Act 1894 was submitted by the GNOIDA Authority vide letter No. bhulekh/bhu. P/2005 dated 24.9.2005 to the office of A.D.M (L.A)/O.S.D Gautam Budh Nagar. True copy of the proposal of acquisition is filed herewith and marked Annexure 1 to this counter-affidavit.

(c) After reconciliation from the revenue records the aforementioned area was revised to 170.098 hectares and the same was submitted by GNOIDA Authority. The proposal was forwarded by Additional District Magistrate/Collector G.B. Nagar together with his recommendation to the Directorate of Land Acquisition, Board of Revenue U.P. The directorate of land acquisition submitted the proposal to state government for consideration & issuance of notification under Section 4(1)17(4) of Land Acquisition Act 1894 vide letter No. 2430/10(LA) 79v/05 dated 14.11.2006. True copy of the letter of ADM (LA) to the Director of Land Acquisition, Board of Revenue , U.P. is filed herewith and marked as Annexure 2 to the counter-affidavit.

(d) It is relevant to mention here that the request submitted by the GNOIDA Development Authority to ADM (LA) District G.B. Nagar for the purposes of initiating proceedings for acquisition of land of village Khanpur, it was specifically stated that the land in question was proposed to be acquired for planned industrial development in district Gautam Budh Nagar, through GNOIDA Development Authority. Upon receipt of the said request letter and the note containing justif




















































































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