SHIKHAR HOTELS GULMOHAR ENCLAVE Vs. STATE OF UP

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 6.12.2006 passed by the Division Bench of the Allahabad High Court whereby the High Court affirmed the notification dated 15.6.2006 issued under Section 4 (1) read with Section 17(1) and 17(4) of the Land Acquisition Act (hereinafter referred to as 'the Act') and the notification dated 19.10.2006 issued under Section 6 of the Act. A preliminary objection was raised before the High Court on behalf of the respondent- Bulandshahr-Khurja Development Authority, Bulandshahr that the writ petition was not maintainable at the instance of the appellants and secondly it was contended that the writ petition was bereft of basic pleadings with regard to the challenge of dispensing with Section 5-A of the Act.

(3.) The first question which was agitated before the High Court was that dispensing with requirement of Section 5-A of the Act was arbitrary. The Division Bench of the High Court after referring to couple of decisions of this Court took the view that the urgency shown for invoking Section 5-A was justified as it was necessary to remove the traffic congestion. It was also found that there was no co-relation between the argument and the pleadings contained in the writ petition. The High Court found that there was no infirmity in the impugned notifications. Hence this appeal on grant of special leave.