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2016 Supreme(All) 817
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL AND SHAMSHER BAHADUR SINGH, JJ.
AAKASH EDUCATION SOCIETY CHITHERA AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 17029, 21078, 23948, 24150, 24152, 27115, 49767, 54286, 54287 of 2008 and 20991 of 2009, decided on 21st July, 2016)
Counsel :
Uma Nath Pandey, Pradeep Kumar, Siddharth, Renu Mishra, R.K. Gupta, Rajesh Kumar, Yogesh Kumar and R.G. Goswami for the Petitioners; C.S.C., Anurag Khanna, Ashish Mohan Srivastava, G.P. Srivastava, P. Srivastava, Pankaj Dubey, Ramendra Pratap Singh, M.N. Singh, S.K. Mishra, Satish Chaturvedi, Siddhartha Verma, T. Prasad, R.P. Singh and S. Verma for the Respondents.
Headnote:Land Acquisition Act, 1894—Sections 4(1), 5-A and 17(1) and (4)—Acquisition of land—Eliminating of inquiry under Section 5-A of Act—Invoking of power under Section 17(1) and (4) of Act by State Government—No urgency existed to invoke Section 17(1) and (4) of Act—Land in question acquired for benefit of UPSIDC—Entire exercise took almost more than one year and even publication in newspapers took almost four months time, still respondents treated question of possession of land of such urgency so as to dispense with inquiry under Section 5-A of Act—Considering entire facts and circumstances, respondents erred in law in invoking provisions of Section 17(4) to dispense with inquiry under Section 5-A erroneously—Impugned notification vitiated in law—Liable to be quashed. [Paras 56, 57, 62, 63 and 65]
Result; Petition Allowed.
Hon’ble Sudhir Agarwal, J.—These writ petitions have been filed by Aakash Education Society, Chithera and other petitioners assailing notifications dated 19.1.2007 published under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as ‘Act, 1894’); and dated 11.7.2007 published under Section 6 of Act, 1894, proposing to acquire 87.249 hectare (215.592 acres) of land in village Chithera, Pargana Dadari, District Gautambudh Nagar comprising a large number of plots owned by petitioners. Land is proposed to be acquired at the instance of and for the benefit of U.P. State Industrial Development Corporation, Kanpur (hereinafter referred to as ‘UPSIDC’). State Government has also invoked power under Section 17(1) and (4) and eliminated inquiry under Section 5A of Act, 1894.
2. Counsel for parties stated that issues raised in all these writ petitions are common, therefore, for the purpose of referring pleadings, parties have agreed to refer leading Writ Petitions No. 17029 of 2008 (Aakash Education Society Chithera v. State of U.P. and others). Hence, we are proceeding to discuss the matter after referring pleadings in Writ Petition No. 17029 of 2008. However, in order to show details of land acquired in other connected writ petitions we may give brief details in the form of chart as under and thereafter, shall proceed to discuss entire matter with reference to leading Writ Petition No. 17029 of 2008.
Sl. No.
Writ petition No.
Petitioner/ Claimant
Plot No.
Area (in hectare
Sale-deed/ gift-deed
Date of mutation
1
2
3
4
5
6
7
1
21078/08
Rohtash Kumar
1005
0.2910
12.10.2006
2
23948/08
Mahendra Pal Singh
1051 M
1051 M
0.107 0.228
1990
3.11.2007 3.11.2007
3
24150/08
1.Mahendra Singh
2. Ravindra Singh
3. Smt. Ram Rati
4. Krishna Singh
5. Bharat Singh
1052M
1.084
Ancestral
26.12.2006 on the basis of succession of late Balvir
4
24152/08
1. Ram Pal Singh 2. Charan Singh
1049
0.4430
Ancestral
5
27115/08
1. Rampal Singh 2.Charan Singh
1051M
1.0250
5.7.1986
4.9.2006
6
49767/08
All India Rehabilitation Education Society
1007/2
1.628 (5-14-8) b
28.12.2002 9.8.2002 26.12.2002 31.12.2002
3.6.2003
7
54286/08
1. Ram Veer Singh
2. Sri Ram Sharma
3. Ram Das
1050
0.1390
27.7.2007
8
54287/08
Kishnu
1051M
0.6070
3.7.1973
7.8.1976
9
20991/09
1.Gajendra Singh
2.Virendra Singh
3. Ram Prasad
1051M
0.1112
19/06/75
3. Brief facts giving rise to leading petition are that petitioner M/s Akash Education Society is a Society registered under Societies Registration Act, 1860 (hereinafter referred to as ‘Act, 1860’). Its title has now changed as “R.V. Higher Education and Technical Institution”, Chithera, Dadari, Gautambudh Nagar. Petitioner Society owns land comprising of Plots No. 1040, 1041, 1042, 1044, 1045, 1046, 1047, 1048, 1049 and 1051. It is running an educational institution having raised construction over land bearings plots No. 1046, 1047 and 1048. Land has been mutated in the name of petitioner. It has started one year course of B.Ed after approval granted by National Council for Teacher Education vide letter dated 28th August, 2004 to which State Government also issued “no objection certificate” on 10th February, 2005.
