R P ELECTRONICS Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri K.N. Tripathi, Senior Advocate assisted by Shri K.K. Arora in Writ Petition No. 48204 of 2009. Shri Uma Nath Pandey and Shri Pankaj Dube appears for the Petitioners in the connected writ petitions. Shri Jafer Naiyer, Additional Advocate General assisted by Shri M.C. Tripathi, Additional Chief Standing Counsel appears for the State Respondents. Shri Ramendra Pratap Singh appears for Greater Noida Industrial Development Authority (GNOIDA).

(2.) In these writ petitions the original tenure holders, purchasers of the land and the companies, namely M/s R.P. Electronics and M/s Salora Floritech Limited, have challenged the notification issued by the State Government on 15.1.2009 under Sub-section (1) of Section 4 with the opinion that provisions of Sub-section (1) of Section 17 are applicable, as the land is urgently required and directing under Sub-section (4) of Section 17 to dispense with provisions of Section 5A of the Land Acquisition act, 1894 (in short the Act), for public purpose namely for planned industrial development in District Gautam Budh Nagar through Greater Noida Industrial Development Authority, the substance of which was published in the newspapers and by beat of drums lastly on 02.2.2009. The notification proposed to acquire 72.0912 hectares in Village Surajpur Pargana and Tehsil Dadri, District Gautam Budh Nagar. They have also challenged the notification declaring Section 6 applying with provisions under Section 17 (1) and directing the Collector of Gautam Budh Nagar, though no award under Section 11 has been made to take over possession of 67.8092 hectares of land on the expiry of 15 days from the date of publication of the notice under Sub-section (1) of Section 9 of the Act, published on 28.8.2009.

(3.) In Writ Petition No. 48204 of 2009 M/s R.P. Electronics-a registered partnership firm is owner of the land forming part of Khasra No. 269, 283, 253-B, 304, 305, 275, 273, 272, 271, 274, 270, 277, 276, 306, 307, 308, 309, situated in village Surajpur, Tehsil Dadri, District Gautam Budh Nagar. M/s R.P. Electronics is also proprietor of Petitioner No. 2 M/s Salora Floritech Limited-the lessee of the land in dispute running floriculture and other allied activities on the land in dispute. M/s Salora Floritech Limited registered under the Companies Act acquired land on twenty years lease at village Surajpur and installed a floriculture Unit at the cost of Rs. 7.42 crores. The project was started in technical and financial collaboration with Camtec Com. AG. East Ltd., 17 Kehilat Venezia, St. Tel Aviv 69400, Israel. The project has approval from the Reserve Bank of India and that the Ministry of Industry through its letter dated 16.4.1996 has granted status of 100% Export Oriented Unit to the Petitioners-company. On 14.10.1996 the company was given permission to import plants and machinery of worth Rs. 303.62 lacs. The Excise Department accorded bonded ware house status to the Petitioners company vide its letter dated 6.11.1996. The Petitioners are registered with the Central Sales Tax Department and have industrial power connection of 282 KVA granted by NPCL on 21.12.1996. The share capital of the company is Rs. 3.08 crores of which 12.06% share is held by PICUP and 5.80% share by foreign collaboration. The Chairman of the company is always appointed by the PICUP, and that the PICUP always has one more Director on the Board of Directors in the company. The Canara Bank has extended a term loan of Rs. 3.17 crores and working capital loan of Rs. 4.70 crores to the company. The National Horticulture Board has also sanctioned a term loan of Rs. 1 crore to the company.