SMT. SAVITRI MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has prayed for directions to quash notifications under Section 4 (1) read with Section 17 (4) of the Land Acquisition Act, 1894 (for short, the Act) dated 12.3.2008, and the notification under Section 6 read with Section 17 (1) of the Act dated 3.2.2009, in so far as the petitioner's land, in Plot No. 1508 area 3.365 hectares and Plot No. 1528 area 1.252 hectares in Village Chhaprola, Tehsil and Pargana Dadri, District Gautam Budh Nagar, has been acquired by the State Government out of the total area of 68.129 hectares included in the notifications.

(2.) The notification under Section 4 (1) read with Section 17 (4) dated 12.3.2008 and the notification under Section 6 read with Section 17 (1) dated 3.2.2009 declare that the land is required in public interest for 'planned industrial development' of GNIDA. The notification under Section 4 (1) read with Section 17 (4) dated 12.3.2008 dispense with enquiry under Section 5-A of the Act and the notification under Section 6 (1) provides for directions under Section 17 (1) authorising the Collector to take over possession of the land within 15 days after publication of the notice under Section 9 (1), even if the award has not been declared under Section 11 of the Act.

(3.) The award under Section 11 of the Act was declared on 31.3.2011. The petitioner has not received the compensation. It is stated in the writ petition and is emphatically stated by Shri Ashwani Kumar Misra that there has been no development over the acquired plots and no allotment has been made to any person for carrying out any development.