RAM NARAIN RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for quashing the notifications dated 9-5-1990 issued by the State of U.P. u/S. 4(1) and S. 6 of the Land Acquisition Act and for a writ of mandamus restraining the respondents 1 to 3 from dispossessing the petitioners from plots Nos. 12, 13, 15 and 24 situate in village Jalilpur Parao, Pargana Ralhupur, district Varanasi, in pursuance of the aforesaid notifications. The petitioners have impleaded the State of U.P., the Land Acquisition Officer, Varanasi, and Uttar Pradesh Ganna Kisan Sansthan (hereinafter referred to as Ganna Sansthan) as respondents 1 to 3 respectively to the writ petition.

(2.) A notification u/sub-sec. (1) of S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U.P. Gazette on 28/04/1990. This was followed by a notification u/S. 6 of the Act which was published on 18/05/1990. Since the language of the notifications will be material for the decision of the controversy involved in this case, it will be appropriate to reproduce the same. The notification u/S.4(1) of the Act, omitting the schedule annexed thereto, reads as follows :-

(3.) . Two counter-affidavits have been filed on behalf of respondents 1 and 2 (State of U.P. and the Special Land Acquisition Officer, Varanasi). Shri Raj Kumar, Joint Secretary, Department of Sugar Industry and Cane Development, Government of U.P., has filed a counter-affidavit stating that there are several co-operative sugar mills in the district of Varanasi and in the neighbouring districts like Azamgarh, Ghazipur, Jaunpur, Ballia, Sultanpur and Rai Bareli and names of eight such sugar mills are also mentioned in para 2; that these mills are situate in the backward areas of Uttar Pradesh; that sugar cane is an important industry in eastern U.P.; that for the cane development programme, which is of a great importance, it is necessary that the land be acquired for construction of buildings for the training centre to be run by U.P. Ganna Kisan Sansthan in order to train the cane growers and farmers to produce good quality cane free from disease; that it is proposed to build a hostel for the trainees and framers etc. and the idea to set up the training centre is for the reason that the cane growers and farmers should come in direct contact with scientists so that high yield disease free cane is available from small areas; that imparting of scientific knowledge through modern method for growing cane is of immense advantage and benefit to the cane growers and farmers. It was further stated that any delay in construction of buildings including hostels for trainees is detrimental to the cane growers and farmers; that imparting of training etc. to the cane growers and farmers for producing good quality cane is of paramount necessity and urgency and upon the production of good quality cane depends on the efficient functioning of the sugar mills. Therefore, the construction of training centre was a matter of urgency which could not be delayed and as such the inquiry u/S. 5-A of the Act was dispensed with.