Hon’ble Shri Narayan Shukla, J.—Heard Mr.Santosh Kumar Tripathi, learned counsel for the petitioner, Mr.Anurag Singh, learned counsel for the respondent Nos. 4 to 6 as well as Mr.Abhinav Narayan Trivedi, learned Additional Chief Standing Counsel.

2. The matter relates to the land acquisition, which is governed under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (Adhiniyam 1965).

3. The petitioner has assailed the Notifications dated 11.11.1999 issued under Section 28, Notification dated 27.2.2004 issued under Section 32 of the Adhiniyam 1965 as also the decisions of the Planning Committee taken in its meeting dated 2.8.2000 and 3.8.2000 rejecting the petitioner’s claim of exemption from acquisition of the land in question.

4. The petitioner has claimed to be a Cooperative Society registered under the provisions of Uttar Pradesh Cooperative Societies Act, 1965. The object to form a Society is to provide plots for housing, dwelling house and/or plots to its members. The petitioner had purchased the land admeasuring 20 bighas 6 biswa of several khasras comprising Nos. 228, 229, 236, 238, 239, 1545, 1657, 318/3mi., 571, 783, 784, 1477, 318 situated at village Baroli Khalilabad, Pargana Bijnor Tahsil and district Lucknow through sale-deeds executed on 14.5.1999, 29.5.1999 and 7.6.1999. These sale-deeds were presented for registration before the Sub Registrar(Fifth), Lucknow on 15.5.1999 and 9.6.1999, but they were registered on 12.1.2000, 15.1.2000 and 15.12.1999. Thereafter the petitioner’s name was also mutated in the revenue records of the aforesaid land. In the meanwhile Uttar Pradesh Avas Evam Vikas Parishad (Parishad) issued notice on 11.11.1999 under Section 28 of the Adhiniyam 1965 proposing to acquire the land in question and further a notice dated 27.2.2004, under Section 32 of the Adhiniyam 1965 was issued to acquire the land in question. Aggrieved petitioner submitted objections against the acquisition of the land and claimed its exemptions from acquisition in terms of Government Order dated 9.4.1980 as well as 25.4.1984, in which it was provided that if a Cooperative Housing Society had purchased any land before issuance of notification under Section 4 read with Section 17 of the Land Acquisition Act 1894 as far as possible, the said land shall not be acquired and if had been acquired then it shall be released from acquisition. The provision of Section 4 of the Land Acquisition Act 1894 is pari-materia of provisions of Section 28 of the Adhiniyam 1965.

5. The Planning Committee in its meetings dated 2.8.2000 and 3.8.2000 rejected the petitioner’s objection on the ground that the petitioner’s Society did not fulfil the conditions mentioned in Government Order dated 20.10.1999. The Government Order dated 20 October 1999 provides that the benefit of adjustment be provided only to those Cooperative Societies which had purchased the land preceding eight months of issuance of Notification under Section 4 and to this extent the Government Order dated 2 June 1998 was modified. The Government Order dated 2 June 1998 permits the exemption of land from acquisition, if it was purchased by the Cooperative Housing Society or sold to its members before issuance of notification under Section 4.

6. The learned counsel for the petitioner has submitted that the respondents have dealt with the petitioner’s case as if it was set up by the petitioner for adjustment of land whereas the petitioner had claimed the complete exemption of land from its acquisition on the basis of Government Order dated 2 June 1998. He further contended that Section 47 of the Registration Act, 1908 deals with the time from which registered document operates. It reads as under :

“47. Time from which registered document operates. A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.”

7. He contended that admi