HAR KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Pankaj Dubey for the petitioners. Sri M.C. Chaturvedi, learned Chief Standing Counsel assisted by Dr. Y.K. Saxena, standing counsel appears for the State respondents. Sri Ramendra Pratap Singh appears for Greater Noida Industrial Development Authority. Sri Naveen Sinha assisted by Sri Rahul Agarwal appears for M/s Supertech Ltd. impleaded respondent in writ petition No. 27396 of 2010.

(2.) THE petitioners are original tenure holders, purchasers, and a Society recorded as owners in revenue records of the land in village Patwari, Tehsil, Dadari, District Gautam Buddha Nagar.

(3.) SRI Pankaj Dubey, learned counsel for the petitioners submits that most of the petitioners are original tenure holders of their respective plots in village Patwari. The GNIDA carried out the survey clandestinely, without informing the petitioners that the land in village is proposed to be acquired. He submits that though the land use of village Patwari in the plan prepared by GNIDA, under clause 3 (2) to (6) and 4 to 9 of the New Okhla Industrial Development Area (Preparation and Finalisation of Plan) Regulations, 1991 (in short Regulations) is residential, the GNIDA has acquired large area of land since 21.2.1994 for planned industrial development, however less than 60 % of the acquired land has been developed or used for the purpose specified in the acquisition notifications. The Collector, Gautam Budh Nagar made a routine recommendation to the Directorate of Land Acquisition Board, vide letter dated 22.2.2008 alongwith certificate in form 10, for invoking the provisions of Section 17 (4) of the Act for acquiring 589.188 hectares of land for planned industrial development. The proposal included the details of survey carried by the revenue authorities. It did not specify the public purpose, for which the land was proposed to be acquired. In the proposal, no mention was made that the utilization of land was for construction of multi-storey housing complexes for general public.