SECRETARY Vs. CHARAN DAS

JUDGEMENT

(1.) This a first appeal under Section 54 of the Land Acquisition Act filed at the instance of the Meerut Development Authority.

(2.) The facts leading to the filing of the appeal is, that approximately 412 acres of land situated at village Mukarrabpur Palhera, Pargana Daulara, Tehsil Sardhana, District Meerut, for the purpose of providing housing accommodation to the residents of Meerut City, was acquired. Notification dated 12.7.1980 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and notification dated 1.5.1981 under Section 6 of the Act was issued. 17 persons, who held 40 acres of land, filed various writ petitions before the High Court questioning the validity of the notification issued under Section 4 of the Act and the declaration issued under Section 6 of the Act on various grounds. One of the grounds of attack was that the action of the Government in invoking Section 17(1) of the Act and dispensing with the inquiry under Section 5-A of the Act was arbitrary and uncalled for. The High Court, after hearing the parties, allowed the writ petitions holding that the notification issued under Section 4 of the Act which contained a direction under Section 17(4) of the Act, dispensing with the inquiry under Section 5-A of the Act was invalid and accordingly quashed the notifications under Sections 4 and 6 of the Act.

(3.) Being aggrieved by the said judgment, the State of U.P. as well as the Meerut Development Authority filed Special Leave Petition before the Supreme Court, which was entertained and was allowed by a judgment dated 12.9.1986 and the judgment of the High Court was set aside and the notifications were held to be valid. The said judgment in State of U.P. v. Smt. Pista Devi, 1986 4 SCC 251.