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ARUN MISHRA
ADARSH NAGAR GRIH NIRMAN SAHKARI SANSTHAN MARYADIT, BHOPAL – Appellant
Versus
STATE OF M. P. – Respondent
Arun Mishra, J.
Petitioner Housing Co-operative Society is challenging the acquisition of petitioner's land for the purpose of 'plantation of trees', acquired for the requirement of Bhopal Memorial Hospital and Research Centre (here in after referred to as BMHRC) which is a hospital established mainly for the purpose of treatment of gas tragedy victims which took place due to release of gas from Union Carbide, Bhopal.
Notification (Annexure P-19) u/s 4 of the Land Acquisition Act, 1894 (hereinafter referred as the Act) was issued on 27-6-2002. The petitioner submitted an objection u/s 5(A) and raised several issues on 8-7-2002. The objections under section5(A) were rejected. The declaration u/s 6 was published on 23-11-2002. The purpose mentioned in the notification issued u/s 4 and declaration made u/s 6 in tree plantation for the purpose of BMHRC.
It is averred in the petition that petitioner is a registered co-operative housing society having its bye-laws (Annex. P. 2). There are 785 members of the petitioner/society. 500 of them are severely affected by Bhopal Gas Tragedy and are displaced persons belonging to the weaker section of the society. Petitioner had purchased 23.08
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