UNION OF INDIA Vs. MOHIUDDIN MASOOD

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.04.2017 passed by the High Court of Judicature at Allahabad in Writ Petition No. 2069 of 2010, by which the High Court has allowed the said writ petition and has quashed and set aside the notifications issued under Sections 4 & 6 respectively of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') with respect to the land in question on the ground that the urgency clause was illegally and wrongly invoked, the Union of India and the acquiring body, i.e., Director General of ITBP have preferred the present appeal.

(3.) That a request for providing about 75 acres of land for establishing one Battalion Headquarter of ITBP at Kanpur Nagar was made to the Government of Uttar Pradesh by the Director, Police Finance, ITBP as due to increasing Counter Insurgency Operations, Law and order duties of ITBP, VVIP security duties and Disaster Management Operations, it was decided to establish Battalion headquarter of ITBP at Kanpur Nagar, Uttar Pradesh and it was requested to urgently acquire the land by finding out suitable pieces of land. It appears that thereafter on 5.2.2009, the Special Secretary, State of Uttar Pradesh wrote a letter to the District Magistrate, Kanpur Nagar and Lucknow for identifying 72 to 75 acres of land for being provided for establishment of the Battalion headquarter of ITBP.