MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These writ petitions challenge the acquisition of land through Yamuna Express Way Industrial Development Authority for planned development. Common questions of facts and law have been raised in these writ petitions which writ petitions have been heard together and are being decided by this common judgment.

(2.) Under the U.P. Industrial Area Development Act, 1976, an authority namely; Taj Express Way Development Authority was constituted vide notification dated 24.4.2001. Different villages were notified under the development area from time to time. Taj Express Way Industrial Development Authority was re-named as Yamuna Express Way Industrial Development Authority (hereinafter referred to as 'the authority') The objective of the constitution of the authority is to exploit the growth potential generated by proximity to Delhi and the execution of Yamuna Express Way project in order to facilitate residential, commercial, industrial, institutional and recreational investments. Further more to provide a broad land use pattern considering the growth potential and emerging needs of the area and to provide high quality infrastructure and service facilities that would improve the quality of life and attract out migration from Delhi. The main emphasis of the State Government to create a modern composite and efficient city comparable to international standards in terms of Urban design and aesthetics where quality of life would be distinctive, so that proactively it attracts investors in Industrial, Institutional, Recreational and Residential development, ensuring balance between the ecology and proposed development. With the establishment of the area as an Industrial Development, it has to be assured physical, social and economic integration of the existing villages, abadis and its population. The Taj Expressway project was conceived in the year 2001. The said project envisaged the construction of an Access Controlled Expressway stretching over about 160 Kms from Noida to Agra and for development of 25 million square meters of land along the said Expressway. In implementation in the Economic Times as also other national dailies offers were invited from a Joint venture partner by the answering respondent. The State Government invited bids from interested persons for the construction of the expressway and development of land parcels for selection of a Joint Venture Partner. However bids were rejected and the project could not take off. Subsequently fresh advertisements were issued in November, 2002 by the State Government for the construction of the expressway between Noida and Agra as well as for development of five land parcels along the said expressway either on joint venture basis or on the option of the bidder to be undertaken without any equity participation by the answering respondent.

(3.) The above project was challenged in this Court by Public Interest Litigation being writ petition No. 40074 of 2003, Ashutosh Srivstava Vs. State of U.P. which writ petition was subsequently dismissed as infructuous on 21.11.2007. Another writ petition No. 30322 of 2005 was filed assailing the award of contract as well as the concession agreement, which writ petition was dismissed on 14.3.2008, judgment reported in 2008 (3) ADJ 427 Ashutosh Srivastava Vs. State of U.P. and others. After dismissal of the aforesaid writ petition, proceedings for acquisition of land were initiated.