IMPORTANT POINT
The court established that land acquired for public purpose cannot be restored to the original owners once possession is taken, regardless of subsequent non-utilization.

JUDGMENT :

By the Court.-Heard Shri Pankaj Dubey, learned counsel for the petitioners; Shri Pankaj Rai, learned Additional Chief Standing Counsel, Shri Suresh Singh, learned Additional Chief Standing Counsel, Shri Devesh Vikram, learned Additional Chief Standing Counsel for State respondents and Shri K.R. Singh, learned counsel for Gorakhpur Development Authority (GDA).

2. The impleadment application is allowed. Let the necessary impleadment be carried out forthwith.

3. Present writ petition has been preferred for a direction to respondents to release the acquired land on which the houses of petitioners are situated bearing Khasra Nos. 883, 732, 644, 726, 598, 601, 872, 736, 588, 696, 695, 587, 565 and 576 of Revenue Village Manbela, Pargana Haveli, Tehsil Sadar, Distt. Gorakhpur under Section 17 of the U.P. Urban Planning and Development Act, 1973 (Act, 1973) and for a further direction to respondents to decide pending representations of petitioners within stipulated period.

4. This much is averred in the writ petition that the petitioners are the owners of land in question. The State Government had taken recourse under the old Land Acquisition Act, 1894 (Act, 1894) for acquiring the land and consequently issued a notification under Section 4 (1) read with Section 17 (1) of the Act, 1894 on 22.11.2003 relating to Village Manbela, Pargana Haveli, Tehsil Sadar, Distt. Gorakhpur for 'Planned Development' (residential colony) through GDA. By this notification an area of 77.539 hect. was proposed to be acquired of the Revenue Village Manbela, Pargana Haveli, Tehsil Sadar, Distt. Gorakhpur. The aforesaid notification was followed by Notification of declaration under Section 6 read with Section 17 (4) of the Act, 1894 on 28.12.2004. The Special Land Acquisition Officer, Gorakhpur declared the award on 9.2.2009. It is alleged that the land of the petitioners are mentioned in the notification but neither the petitioners nor their predecessors had been paid entire compensation by the respondents till today nor possession was taken. The petitioners' house and other constructions were situated over the land in question prior to notification under Section 4 (1) read with Section 17 (1) of the Act, 1894 dated 22.11.2003 but the authority concerned had not exempted the house/land of petitioners from the acquisition proceedings. This much is also alleged that the acquisition of the land in question was done in the year 2004 but for last more than 20 years the same are lying unused. Since the houses of the petitioners on the acquired land were situated prior to the notification under Section 4 (1) read with Section 17 (1) dated 22.11.2003, therefore, the petitioners sent an application on 9/13.2.2018 seeking benefit of the provisions of Section 17 of the Act, 1973 but till date nothing has been done on the application of the petitioners.

5. Learned counsel for the petitioners, in support of his submissions, has placed reliance on Section 17 of the Act, 1973, which for ready reference is quoted as under :

''17. Compulsory acquisition of land.

(1) If in the opinion of the State Government any land is required for the purpose of development or for any other purpose, under this Act the State Government may acquire such land under the Provisions of the Land Acquisition Act, 1894:

Provided that any person from whom any land is so acquired may after the expiration of a period of five years from the date of such acquisition apply to the State Government for restoration of that land to him on the ground that the land has not been utilized within the period for the purpose for which it was acquired, and if the State Government is satisfied to that effect it shall order restoration of the land to him on re-payment of the charges which were incurred in connection with the acquisition together with interest at the rate of twelve percent per annum and such development charges as if any may have been incurred after acquisition.

(2) Where any land has been acquired b