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2017 Supreme(All) 857

ALLAHABAD HIGH COURT
BEFORE : DILIP B. BHOSALE, C.J. AND YASHWANT VARMA, J.
AJIT SINGH ....Petitioner
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Public Interest Litigation (PIL) No. 11539 of 2015 with Civil Misc. Writ Petition Nos. 41653, 41620, 15469, 24899, 61535 of 2015, 12317, 13291, 13666, 20191, 53560, 53566 of 2016, 3305 and 7067 of 2017, decided on 6th July, 2017)

Advocates:
Counsel :
Anoop Trivedi, Anurag Pratap (In person), G.S. Raghav (In person), Sanjay Kumar, Manu Khare, Prateek Kumar and Nishant Mehrotra for the Petitioners; Ashok Mehta, ASGI, Krishna Agrawal, S.K. Rai and Saurabh Srivastava for the Respondents.

Headnote:Land Acquisition Act, 1894—Sections 17(1), 4, 6, 9 and 18—Public Premises (Eviction of Unauthorised Occupants) Act, 1971—Section 5—Rights to Fair Compensation in Land Acquisition, Rehabilitation and Re-settlement Act, 2013—Section 24(2)—PIL—Land Acquisition—Irregularities and Encroachment—Public land—Challenge to validity of notification under Section 4 and declaration under Section 6 made after more than 60 years and that too by subsequent purchasers—Petitioners have no locus—Since award was passed and possession taken, question of exercise of powers under Article 226 does not arise—Land in question vested absolutely in the Government in 1950 itself free from all encumbrances—Interest, right and title of original landowners to land stood extinguished—Petitions held liable to be dismissed on ground of laches also—Committee as constituted directed to continue to monitor the proceedings already instituted, etc.—PIL Allowed. [Paras 22 to 41]

       Result; Order Accordingly.

JUDGMENT

Hon’ble Dilip B. Bhosale, C.J.—This public interest litigation (PIL) and connected writ petitions, involve common questions of facts and law and, hence, were heard together and are being disposed of by this common judgment. The petitioner in PIL claims to be the publisher of a local fortnightly newspaper Sajag Sathi and spokesperson of a Non-Government Organization (Noida Lok Manch). He also claims to be a Press Reporter of the Hindi Daily ‘Vishwa Guru’. In the petition (PIL), he seeks the following reliefs:

“(a) a writ, order or direction in the nature of mandamus commanding/directing the respondents to verify and demarcate (by Barb/Wire fencing) the Defence land, acquired for Air Firing and Bombing Range vide notification dated 6.11.1950 and further take appropriate action against the encroachers and get the land freed/vacated from the clutches of Bhumafias/land grabbers.

(b) a writ, order or direction in the nature of mandamus commanding/directing the respondents to constitute a High Level Committee to hold and enquiry against the Officers/employees of the District Administration and Defence and get the criminal proceedings launched against the culprits involved in the irregularities.

(c) a writ, order or direction in the nature of certiorari calling for the entire records of respondents Nos. 3 and 4 regarding the acquisition of 482 acres land of Village Nagli Nagla and Nagli Sagpur which was made for Air Firing and Bombing Range, Tilpat Range regarding the acquisition, possession, award and its land use.

(d) a writ, order or direction in the nature of Mandamus commanding/directing the Central Bureau of Investigation or any other reliable independent agency to conduct an enquiry in the matter of irregularities, committed by the concerned revenue officials/employees and defence officers in encroachment/grabbing of 482 acres land of Ministry of Defence (Air Firing and Bombing Range, Tilpat Range) acquired vide notification dated 6.11.1950.”

2. The petitioners in connected writ petitions, who claim to be bona fide purchasers of small pieces of farm land/plots out of the land involved in these petitions, challenge its acquisition that took place in 1950. The prayers made in all petitions are more or less similar. What is common is the prayer challenging acquisition after about 65 years. It would be advantageous to reproduce the prayers made in the leading writ petition bearing Writ-C No 41653 of 2015, which read thus:

“(i) Pass an appropriate order allowing the present writ petition,

(ii) Pass appropriate order(s) to declare the Notifications dated 6.11.1950 and 7.11.1950 under Sections 4 and 6 of Land Acquisition Act, 1894 for acquisition of 482 acres of private land for public purpose situated in two villages Nagli Nagla (105 acres) and Nagli Sagpur (377 acres) in Pargana-Dadri, Tehsil-Sikandrabad, District-Bulandshahr as deemed lapsed on 1.1.2014,

(iii) Issue a Writ of Mandamus or appropriate direction(s) to Respondent Nos. 1 and 2 not to execute their threats to interfere in future in any manner whatsoever in possession, use and enjoyment of agriculture/farm land of the Petitioner comprising Khet No. 55M of Khata No. 13 purchased vide registered Sale-deed dated 11.12.2009 having admeasuring area of 0.3373 hectare (4 bighas) known as ‘RAGHAV FARM’ located in Village - Nagla Bahrampur, District and Tehsil - Gautam Budh Nagar, U.P. without following due process of law.”

3. This writ petition (Writ-C No 41653 of 2015) and a writ petition bearing Writ-C No 41620 of 2015 were argued by the petitioners-in-person, who, incidentally are also advocates by profession. Writ-C No 41620 has been filed by nine petitioners. Petitioner No 1 therein argued this petition for himself as well as on behalf of the remaining petitioners. Rest of the petitions were argued by learned counsels on record for the petitioners. All petitioners have agriculture/farm land/plots in the land in question, which they seem to have purchased during the l





















































































































































































































































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