MANOJ KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE writ petitions under Article 226 of the Constitution of India take exception to the action of the State Government invoking the urgency clause under Section 17(4) of the Land Acquisition Act (for short 'Act') while issuing the notification under Section 4(1) of the 'Act' on 24 -5 -2003 thereby notifying that an area measuring 0.2000 hectare of land of the petitioners consisting of plot Khasra Nos. 1 to 10, 13 to 25, 27, 29 to 35, 38 to 45, 48 to 54, 62 to 82, 84 to 90, 92, 93, 95 to 97, 139, 86/179, 91/181 situate in the central Dehradun is urgently required for widening of Eucalyptus Road of the said town and also the declaration under Section 16 of the 'Act' made on 30 -4 -2004 in that regard.

(2.) CHALLENGE to the above action of the State Government is mainly, inter alia, on the grounds that the land sought to be acquired is 'Abadi' land and on it exist residential and commercial constructions; that the inquiry under Section 5(A) of the 'Act' has been dispensed with without any cogent reason as there was no relevant material available before the State Authorities for their subjective satisfaction to invoke the urgency clause; that there is no material on record to justify that widening of Eucalyptus Road Is essential; that the land of one side of the Eucalyptus Road is only being acquired leaving the land of the other side of the road thereby resorting to discrimination to the detriment of the petitioners and that the action of the State Government is vitiated by malafides and colorable exercise of power.

(3.) IN the counter affidavit the stand taken by the respondents is that after creation of Uttaranchal as a new State and Dehradun being declared as provisional capital of the State it has become necessary that certain development and construction works including widening of the existing roads to cope up with the alarming increase in motor vehicles in Dehradun and its fall out in the increase in number of accidents be urgently undertaken; that the State Government and its various agencies and departments and the authorities are constantly working and making endeavour in that direction so that the most important town of the State can bear the load of the provisional capital that the main road in the city is known as Rajpur Road and it runs through the main city and the Secretariat of the provisional capital is situate on Rajpur Road and between Rajpur Road and Subhash Road that Subhash Road is also one of the busiest road of Dehradun city; that there is a road which connects Subhash Road to Rajpur Road and which runs adjacent to the Secretariat building is known as Eucalyptus Road; that this Eucalyptus Road is presently only seven meters wide and due to the heavy rush of large number of motor vehicles etc. traffic jam on it is a very common feature; that this Road also serves as a diversion road for people who come from Mussorrie and want to reach straightaway on the Haridwar Road to reach their destinations in Haridwar and elsewhere; that this Road is also connected to East Canal Road and then to the main Haridwar Road but due to heavy traffic congestion, people are. forced to go into the main city and travel to Clock Tower and then take another road which run through the busy market and city causing once again not only inconvenience to the people but traffic jams and congestion and that considering the immediate need to have the said Eucalyptus Road widened the urgency clause under Section 17 of the 'Act' was invoked dispensing with the provision of Section 5(A) of the 'Act' and notification was accordingly issued.