DEVENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioners are original tenure holders, purchasers, and Societies recorded as owners in revenue records of the land in village Shahberi, Pargana Dadri, District Gautam Budh Nagar. By these writ petitions, under Article 226 of the Constitution of India, they have challenged the notification dated 10.6.2009 under Section 4 (1), applying Section 17 (1) of the Land Acquisition Act, 1894 (in short, the Act) proposing to acquire a total area of about 156.903 hectares of land in the village Shahberi, Pargana Dadri, District Gautam Budh Nagar, for public purpose namely for the 'Planned Industrial Development' in Greater Noida Industrial Development Authority (GNOIDA), District Gautam Budh Nagar, recording the opinion of the Governor, that the provisions of Sub-section (1) of Section 17, of the Act are applicable to the said land inasmuch as the land is urgently required for the construction in Greater NOIDA in District Gautam Budh Nagar through GNOIDA, and in order to eliminate the delay likely to be caused by an enquiry under Section 5-A of the Act, the Governor is further pleased to direct under Sub-section (4) of Section 17 of the Act, that the provisions of Section 5A of the Act shall not apply. They have also challenged the notification published in the Official Gazette dated 9.11.2009 under Section 6 read with Section 17 (4) of the Act, declaring the acquisition of land; recording the satisfaction that Sub-section (1) of Section 17 is applicable and directing the Collector of Gautam Budh Nagar, though no award under Section 11 has been made, may, on the expiry of 15 days from the date of publication of the notice under Sub-section (1) of Section 9, take possession of the land mentioned in the Schedule appended to the notification.

(2.) Earlier a Writ Petition No. 46693 of 2009, filed by Shri Sanjay Sharma and Ors. (the Petitioners in Writ Petition No. 6108 of 2010). By an order dated 3.9.2009 the Court directed the State Government to produce the entire records of acquisition to demonstrate that the satisfaction was recorded by the State Government by applying its own independent mind under Section 4 (1) for invoking urgency clause under Section 17 (4) of the Act, dispensing with enquiry under Section 5-A of the Act. Similar orders were passed on 16.9.2009 in Writ Petition No. 49574 of 2009 filed by some 20 persons. On 27.10.2009 another Writ Petition No. 37512 of 2009 challenging the notification under Section 4 (1) read with Section 17 (4) of the Act came U.P. for hearing. After hearing the counsels for the parties the Court dismissed the writ petition No. 49347 of 2009, as premature, without deciding any point on merits, with liberty to raise all the grounds, which have been taken in the writ petition or such ground, which may become available to the Petitioners after notification declaring the acquisition of land under Section 6 (1) is published.

(3.) Leading the argument in Writ Petition No. 500 of 2010, Devendra Kumar and Ors. v. State of U.P. and Ors. Shri Veeresh Pratap Chaudhary, Senior Advocate assisted by Shri Kaushalendra Nath Singh, submits that U.P. Industrial Area Development Act, 1976 (Act of 1976) came into force on 01.4.1976. Section 3 of the Act of 1976 provides for constituting the development authority by a notification. The Greater Noida Industrial Development Authority (GNOIDA) was constituted by a notification dated 28.1.1991. By a notification dated 21.2.1994 various villages, including village Shahberi in District Gautam Budh Nagar, were notified as part of GNOIDA. Large areas of the notified villages have been acquired by the State Government for planned industrial development of the GNOIDA. The authority waited for 14 years before requesting the State Government for acquisition of 161.531 hectares of land in village Shahberi for development by its letter dated 24.10.2008 addressed to the Collector, District Gautam Budh Nagar. The letter stated that there is need to urgently acquire the land, and that there is likelihood of illegal and unauthorised constructions raised thereon, which will adversely affect the development. The Collector of District Gautam Budh Nagar, by his letter dated 18.5.2009 after a period of seven months from the date when the request was made by the authority, sent proposal for acquisition of 156.903 hectares of land of village Shahberi. The letter prepared by the officers of GNOIDA and forwarded by the Collector stated that the village Shahberi is included in the area notified for industrial development for the authority; the proposed area is urgently required for Planned Industrial Development; in the event of delay in acquisition there is a likelihood of increase in unauthorized occupation, which would adversely affect the concept of planned development; some land of nearby villages has already been acquired while for some others the land acquisition proceedings are going on. In that situation, keeping in view the continuity of infrastructure services, it is necessary to acquire the proposed land urgently. As per the plan approved by the Government, the authority requires the land for all round development like roads; sewerage; provision for electricity, and its distribution for development. The work is at a standstill due to acquisition not having taken place. The prominent industrialists of the country, who wish to invest their capital in Uttar Pradesh, have to be provided with land urgently according to their plan. If they are not provided the land according to their need, then they would establish their units in other States, which would adversely affect the policy of inviting liberally the investment of capital in the State and for providing employment opportunities. It was further stated that 156.903 hectares of land in village Shahberi is required for planned development. If objections were to be invited to the acquisition, their disposal would take many years and this would unreasonably delay the acquisition affecting planned development.