MUNSHI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals from the decision of the Allahabad High Court involve a common point and shall stand disposed of by this judgment.

(2.) It is necessary to state the facts only in C. A. 1888 of 1970. The U. P. (Regulation of Building Operations) Act, 1958 received the assent of the President on October 8, 1958. On December 10, 1958 a notification was issued by the U. P. Government declaring Ghaziabad a regulated area under S. 3 of the aforesaid Act. In February 1959 the Controlling Authority under S. 4 of the Regulation Act was constituted. On July 16, 1960 a notification was issued under S. 4 of the Land Acquisition Act by the State Government declaring its intention to acquire land measuring about 34,000 acres in fifty villages of Ghaziabad for planned development of the area. On December 23, 1961 a notification was issued under Ss. 6 and 17 of the Acquisition Act in respect of an area of 19.75 acres. This was followed by successive piece-meal notifications on various dates in 1962 and 1963. On February 9, 1962 another notification was issued under S. 4 of the Acquisition Act modifying the earlier notification dated July 16, 1960. By this notification the proposed area from 34,000 acres was reduced to 6158 acres. On July 4, 1962 the appellants made an application to the Special Land Acquisition Officer Ghaziabad for supplying a copy of the scheme of the planned development for which notification under S. 4 had been issued to enable them to make representations at the hearing of the objections filed under S. 5A of the Acquisition Act. It was mentioned inter alia in that application that the Government had not published the scheme of the planned development and without a copy of the scheme for which the notification had been published "no forceful arguments could be submitted". The Special Land Acquisition Officer made the following order on that application:

(3.) Dr. L. M. Singhvi sought to raise a number of points before us but ultimately he confined his arguments mainly to one question. Reference has been made to the notification dated July 16, 1960 issued under S. 4 as also to subsequent notification dated February 9, 1962 amending the earlier notification. The earlier notification to the extent it is material is as follows: