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2011 Supreme(All) 2396
[2011(8) ADJ 539 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND K.N. PANDEY, JJ.
Smt. SARITA GOEL ….Petitioner
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Civil Misc. Writ Petition Nos. 49145 of 2009, 44470, 44520, 46167, 47626, 47627, 49187 of 2008 and 1815, 48981, 67739 of 2010, decided on 30th August, 2011)
Counsel :
Kamini Pandey, N.P. Singh, Ravi Kant Agarwal, Tarun Agarwal for the Petitioners; Shashi Nandan, Sunita Agrawal, D.S.Chauhan, M.C. Tripathi (Addl. S.C.), C.S.C. for the Respondents.
Headnote:Land Acquisition Act, 1894—Section 4(1), r/w 17(4), Section 6 r/w 17(1)—Land acquisition—Invocation of urgency clause—Justification—Acquisition of a total area 110.496 hects. sought for alleged public purpose of Development Authority—Challenge against—On ground that there was no such urgency much less extreme urgency to apply the provisions of Section 17(1) for compulsory acquisition of land dispensing with provisions of Section 5-A—Giving opportunity of hearing to land owners dispense with—Provisions of Section 17 applied without application of mind—Proposal to acquire land and applying Section 17 is stated to be a development housing colonies and for tourism industry—Nothing brought on record to justify dispensing with enquiry under Section 5-A—Delay of two years in issuing notification under Section 4(1) read with Section 17(4), completely defects the plea of urgency for acquisition of land—Respondents held not justified in invoking urgency provisions—Impugned notification set aside. [Paras 20 to 30]
By the Court.—We have heard Smt. Kamini Pandey, Sri N.P. Singh, Sri Ravi Kant Agarwal, Senior Advocate assisted by Shri Tarun Agarwal for the petitioners.
2. Shri M.C. Tripathi, Addl. Chief Standing Counsel appears for the respondents. Shri Shashi Nandan, Sr. Advocate assisted by Smt. Sunita Agarwal appears for the respondent-Development Authority.
3. The petitioners have challenged the entire proceedings under the Land Acquisition Act, 1894 (in short ‘the Act’) vide notifications dated 30.8.2007 under Section 4 (1) read with 17 (4) of the Act published in newspapers ‘Dainik Jagran’ and ‘Amar Ujala’ on 9.9.2007 and 10.9.2007 respectively and the notification dated 8.8.2008 under Section 6 read with Section 17 (1) of the Act published in the daily newspaper ‘Amar Ujala’ on 14.8.2008 acquiring a total area of 110.496 hects. in 56 plots in Village Ajijpur, Pargana Chhata, Distt. Mathura, for residential and tourism development through Mathura Vrindavan Development Authority (MVDA).
4. In all the writ petitions this Court after noticing decision of the Supreme Court in M/s Esco Fabs Private Limited and another v. State of Haryana and another, (2009) 2 SCC 377 and Sethi Auto Service Station and another v. Delhi Development Authority and others, (2009) 1 SCC 180, directed the parties to maintain status quo with regard to land in dispute in Village Ajijpur, Pargana & Tehsil Chhata, Distt. Mathura.
5. (a) In Writ Petition No. 49145 of 2009, which was made the leading writ petition Smt. Sarita Goel has stated that Plot No. 44 in Village Ajijpur is a big plot out of which plot No. 44/3 was recorded in the name of Chand Vanaspati Ltd. through its Managing Director Dr. Chand Gupta. He had set up industrial unit in the plot. The petitioner by way of registered sale-deed dated 7.1.2006 had purchased plot No. 44/3 for a sum of Rs. 26,50,000/- alongwith industrial unit. The plot measuring 14730 sq. mtr. is covered by boundary wall and has tin shed measuring 30x30' and wastage machinery alongwith rooms for guards. The stamp duty was paid on the market value of the property at Rs. 60 lacs. The petitioner’s name was entered in the revenue records by the order of Tehsildar, Chhata dated 14.5.2007.
(b) In Writ Petition No. 44470 of 2008, M/s Govind Vanaspati (P) Ltd. and others v. State of U.P. and others, the petitioner, a private limited company engaged in the business of manufacturing ‘Vanaspati Ghee’ in its factory located in Village Azizpur, Tehsil Chhata, Distt. Mathura had purchased the land in Plot No. 42/1 through registered sale-deed dated 3.3.1992 in the name of Shri Tejpal Sharma, the father of Shri Shiv Dutta Sharma, the Director of the company. The petitioner No. 3, the mother of the petitioner had purchased remaining portion of Plot No. 42/1 totalling the purchased area to 0.656 hects. The company purchased both these plots by sale-deed dated 26.9.1995 and another area of 376 sq. mtr. out of plot No. 42/1 through sale-deed dated 29.7.1993.
(c) In Writ Petition No. 44520 of 2008, Naththi and 21 others v. State of U.P. and others, the petitioners have stated that they had earlier filed Writ Petition No. 1159 of 2008 challenging the notification under Section 4. The writ petition was dismissed with liberty to the petitioners to agitate the issue after declaration under Section 6 is made vide judgment dated 8.1.2008. It is stated that the Village Azizpur near Kosikalan about 5 kms. from U.P. Haryana border is at a distance of 45 kms. from Mathura-Vrindavan. The land of the area is best quality land situate at the site of a canal. The petitioners are doing agricultural operations on their bhumidhari land on Gata Nos, 12, 13, 15, 16, 20/1, 22/1, 23, 24, 28, 29, 33/3, 38/3, 39, 40/1/1, 41/1, 42/2, 47, 48, 52/1 and 52/2 and are using the land for agriculture since times immemorial. There is a grave and a house on plot No. 22/3. On plot No. 24/1 there is grove and samadhi. On plot No. 35/2 there is house with 5 big rooms and one tub
