LAWS(SC)-1998-7-1

OM PRAKASH Vs. STATE OF UTTAR PRADESH

Decided On July 15, 1998
OM PRAKASH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Leave granted in all these Special Leave Petitions.

(2.) I. A. filed in Civil Appeal arising out of S. L. P. (C) No. 164 of 1996 for bringing on record legal representatives of respondent No. 37 Mahipal is granted. The title of the Civil Appeal concerned shall be corrected accordingly.

(3.) By consent of learned senior advocates appearing for the contesting parties, the appeals were finally heard and are being disposed of by this judgment. These appeals arise out of a common judgment rendered by a Division Bench of the High Court of Judicature at Allahabad on 24th August 1995. The High Court dismissed the writ petition filed by the appellants who were petitioners before the High Court who challenged the notification issued by the State of Uttar Pradesh on 5th January 1991 under Section 4(1) of the Land Acquisition Act, 1894 [hereinafter referred to as 'the Act'] and also the notification under Section 6 of the Act whereby the writ petitioners' lands situated at village Chhalera Banger then situated in District Ghaziabad in the State of Uttar Pradesh were sought to be acquired. The impugned acquisition was for the planned industrial development of District Ghaziabad through New Okhla Industrial Development Authority ('NOIDA' in short), Ghaziabad. As the writ petitions raised a common challenge on diverse grounds, they were all heard together and were disposed of by the impugned common judgment of the High Court. The High Court after considering the submissions raised by the learned counsel for the writ petitioners for challenging the acquisition proceedings, came to the conclusion that the land acquisition proceedings were not vitiated in law and consequently the writ petitions were dismissed. That is how the original writ petitioners are before us in these proceedings. They are now confined to the appellants in these 8 Civil Appeals arising from Special Leave Petitions filed by the original writ petitioners concerned.