OM SHARAN SARASWAT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE petitioner purchased residential plot measuring 286.88 sq. yard in Khasra No. 365 (A) situated in Village Kishanpur Pargana and Tehsil Koil District Aligarh on 5.7.2001. Aligarh Development Authority, respondent no. 4 issued notification dated 9.8.2004 under Section 4(1) of the Land Acquisition Act, 1894 read with Section 17(1) published on 25.9.2004. The petitioner filed preliminary objection under Section 5A on 4.10.2004. Development Authority published notification under Section 6 on 3.8.2005, published in newspaper on 6.8.2005. The petitioner has challenged the notifications under Section 4 and 6 viz, 25.9.2004 and 6.8.2005.

(3.) LEARNED counsel for the petitioner has argued that vide notification dated 9.8.2004 under Section 4 the provision of Section 17(1) has been invoked and the opportunity of objection under Section 5A of the Act has been dispensed with which is wholly illegal and there is no urgency in the acquisition of the land as it is being acquired for residential purposes and further it has been submitted that till date no compensation has been paid to the petitioner.