RAM KUMAR BHATIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the petitioners are tenure-holders and their different Khasara numbers are situate in village Brindaban Bangar, district Mathura. By a common notification issued under S.4(1) of the Land Acquisition Act (briefly, the Act) on 30-6-1990 and published in the official gazette on 18-8-1990 acquisition proceedings to acquire their Khasra numbers as specified in the said notification for a public purpose, namely, for planned housing development in Brindaban town, district Mathura through the Mathura Brindaban Development Authority, Mathura were initiated. Since their Khasra numbers are sought to be acquired under a common notification, all these petitions are being disposed of by a common judgment.

(2.) Whereas the facts of the cases of Ram Kumar Bhatia and others and Usha Devi and others and the rival submissions of the parties made therein are similar, the facts of the case of Smt. Kiran Devi are somewhat different.

(3.) Therefore, first we deal with the cases of Ram Kumar Bhatia and others and Usha Devi and others. The tenure holders in these two petitions seek quashing of the notifications, issued under Ss. 4(1) and 6(1) tenure holders have raised several pleas in the petitions, learned counsel for these tenure-holders made following submissions only for quashing the aforesaid notifications :