GREATER NOIDA IND. DEV. AUTHORITY Vs. SAVITRI MOHAN

JUDGEMENT

(1.) Leave granted. This appeal has been preferred against judgment and order dated 30th May, 2012 of the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.13109 of 2009 whereby the High Court allowed the writ petition and set aside the notification dated 12 th March, 2008 under Section 4(1) and Section 17(4) of the Land Acquisition Act, 1894 (the Act) and the notification dated 3rd February, 2009 under Section 6 read with Section 17(1) of the 1894 Act.

(2.) The notified purpose for acquisition of land is 'planned industrial development' of Greater Noida Industrial Development Authority (GNIDA). Land of the respondents is in Village Chhapruala and is part of larger area of land acquired falling in many adjoining villages. The Award was declared on 31 st March, 2011.

(3.) The original petitioners did not receive the compensation as they had already filed a petition in the High Court on 3 rd March, 2009 mainly on the ground that the urgency clause could not have been invoked so as to deprive the land owners of their right to file objections. On coming to know of the proposed acquisition, the respondents made representation dated 11th April, 2008 stating that they were running an agro based industry and floriculture for producing hybrid seeds of flowers. Case of the writ petitioners was that possession was wrongly shown to have been taken on 9 th March, 2009 as interim order was already passed on 5 th March, 2009.