HATAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present batch of writ petitions, filed under Article 226 of the Constitution, seeks to question the validity of the notifications dtd. 16/10/2004 under Sec. 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act, 1894' or 'the Act'), and dtd. 28/11/2005 under Sec. 6 (1) of the Act, 1894 proposing to acquire 367-0-5 bighas (229.3828 acres) of land of Village Mohiddinpur Kanavani, Pargana Loni, District Ghaziabad for a public purpose, viz. 'construction of residential colony under planned development scheme' by the Ghaziabad Development Authority, Ghaziabad (hereinafter referred to as 'GDA'). While issuing the notification under Sec. 4 dtd. 16/10/2004, the power conferred upon the State Government under Sec. 17(4) has been invoked, thereby dispensing with the enquiry contemplated under Sec. 5-A of the Act, 1894. Likewise, while issuing notification dtd. 28/11/2005 under Sec. 6 of the Act, 1894, the power under Sec. 17(1) of the Act, 1894 has been invoked, empowering the Collector to take possession of the acquired land after expiration of 15 days from the date of publication of notice under Sec. 9(1), though, no award under Sec. 11 has been made.

(2.) A Division Bench of this Court by judgment dtd. 9/9/2016 allowed first set of 30 writ petitions, leading one being Writ-C No. 4986 (Hatam Singh and others vs. State Of U.P. and another) and quashed the acquisition notifications dtd. 16/10/2004 and 28/11/2005 in respect of the land of the petitioners. Another set of four writ petitions was decided by judgment dtd. 30/9/2016 by the same Division Bench in terms of its previous judgement dtd. 9/9/2016 in the case of Hatam Singh and others Vs. State of U.P. and other connected matters. Ghaziabad Development Authority, Ghaziabad challenged the aforesaid judgements dtd. 9/9/2016 and 30/9/2016 of the Division Bench of this Court by filing 34 special leave petitions, out of which 33 were decided by the Supreme Court vide judgement dtd. 31/10/2017 (Civil Appeal No. 18273 of 2017: GDA Vs. Rattan Singh and other connected appeals), whereby, the matter was remitted for a fresh consideration by this Court. One remaining SLP No. 3426 of 2016 arising out of judgement of the Division Bench of this Court dtd. 9/9/2016 in leading Writ Petition No. 4986 of 2005 (Hatam Singh and others Vs. State of U.P. and another) came to be decided by judgement dtd. 8/10/2018 in terms of the previous judgement dtd. 31/10/2017 in Civil Appeal No. 18273 of 2017 and other connected matters and the case was remitted back to this Court on the same issues.

(3.) The Supreme Court has found that certain documents placed before it for the first time, which go to the root of the matter, require consideration by this Court. Accordingly, GDA has been permitted to place on record before this Court the documents it sought to rely upon before the Supreme Court for the first time, and the petitioners have been permitted to file rejoinder affidavit in reply, with a direction to this Court to take into consideration the pleadings and documents, along with other material already on record, for deciding the following issues: