RELIANCE POWER LTD. Vs. BABU SINGH

JUDGEMENT

(1.) Leave granted. The interlocutory applications are allowed.

(2.) These appeals arise out of the land acquisition proceedings initiated by the State of U.P. under the provisions of the Land Acquisition Act, 1894 [for short 'the Act']. By the impugned judgment, the High Court quashed the two notifications Dated 25th June, 2004 and 20th February, 2007 under Section 6 of the Act and partly quashed notifications under Section 4 of the Act dated 11th February, 2004 and 29th August, 2006 to the extent of invocation of urgency clause with liberty to the State to proceed with the hearing of objections under Section 5A of the Act and with further direction as to refund of compensation already received by the land owners. The operative part of the order is as follows:-

(3.) Though most of the appeals have been preferred by M/s Reliance Power Ltd. [formerly known as Reliance Energy Generation Ltd.] [for short 'the Company'] at whose instance the land in question was sought to be acquired, against part quashing of acquisition proceedings, some of the land owners have also appealed to this Court with the grievance that having held that the proceedings were initiated on the grounds of illegality and fraud, the High Court ought to have quashed the acquisition proceedings in entirety.