AJIB SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two petitions under Article 226 of the Constitution of India challenging the notification dated 22-6-1983 issued under Section 4(1) read with Section 17(4) of the Land Acquisition Act (hereinafter referred to as 'the Act') as well as the notification dated 23-6-1983 issued under Section 6 of the Act. The notification under Section 4 of the Act was published in the U.P. Gazette on 22-6-1983 and the notification under Section 6 of the Act was published in the U. P. Gazette on 28th of June 1983.

(2.) In the notification issued under Section 4 of the Act, it was categorically stated that the land in dispute was required for the construction of godown, residential quarters for its workers and other allied works by the Bazpur Co-operative Sugar Factory Limited Bazpur in district Nainital. In the notification, further, it was stated that the land was urgently required for the above public purpose and consequently, the enquiry under Section 5-A of the Act was being

(3.) Initially, when the petition was filed the State of U.P. and the Collector/Land Acquisition Officer, Nainital were made respondents in the petition. Thereafter, the applications were made on behalf of the Bazpur Co-operative Sugar Factory Limited Bazpur, district Nainital for whose purpose the land was sought to be acquired for being impleaded as respondent in these petitions. M/s. Bazpur Co-operative Sugar Factory Limited was allowed to be impleaded as a respondent in these petitions.