SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In alt these writ petitions, an order dated 3.12.1999 passed by the Secretary, Ministry of Industry, Lucknow, has been challenged who has been arrayed as respondent No 3 in Writ Petition No. 8282 of 2000 and as respondent No. 1 in all the remaining writ petitions. The controversy Involved and the question calling for adjudication in all the writ petitions being identical, we propose to decide them by this common order treating Civil Misc. Writ Petition No. 7561 of 2000 as the leading writ petition. The impugned order is Annexure-9 to the Writ Petition No. 7561 of 2000. The writ petitions have been opposed by the respondents at the admission stage itself.

(2.) Succinctly placed. the relevant facts are that notifications under Sections 4 and 6 of the Land Acquisition Act had been issued for the purpose of planned development of district Ghaziabad (now district Guatam Budh Nagar) through NOIDA on 5.1.1991 and 7.1.1992 respectively, concerning nearly 496 acres of land including that of the petitioners, spread over hundred of plot numbers. The said land came to be acquired. All the petitioners challenged those notifications before this Court through writ petitions which were dismissed. They carried the matter by Special Leave Petitions to the Supreme Court. By Judgment dated 15.7.1998. all the appeals were dismissed by the Supreme Court. However, the Supreme Court held that the appellants (present petitioners) were in actual possession of their, acquired land. Despite dismissal of the special leave petitions, the Supreme Court gave liberty to the appellants (present petitioners) to file written representations before appropriate authorities of the State of U.P. invoking the State Government's power under Section 48(1) of the Land Acquisition Act to release their land from acquisition if it were to be satisfied about the merits of the representations. It was further directed that the State authorities would have to be satisfied on the following points in this connection. : 1. Whether there was any abadi on the acquired lands at the time of Section 4(1) notification : 2. Whether such abadi was a legally permissible abadi ;

(3.) Whether such abadi has continued to exist till the date of representation ;