KHEM KARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THESE three writ petitions raise common questions. The facts on which they are passed, broadly speaking, are similar. Therefore, they will all be decided by this judgment.

(2.) THE petitions are under Article 226 of the Constitution. They pray that proceedings for the acquisition of the petitioner's land under the Land Acquisition Act are invalid and ought to be quashed and that the respondents be restrained from interfering with the petitioner's possession over the land. The petitioners are the tenure-holders of various plots of land sought to be acquired and were, in actual cultivator possession, in the U. P. Gazette, dated 9-4-1960 a notification, dated 2-4-1960 was published. This was under Section 4 of the Land Acquisition Act, 1894, notifying for general information that the land mentioned in the schedule is needed for a public purpose. It also stated that the Governor was of the opinion that the provisions of Sub-section (1) of Section 17 of the Land Acquisition Act were applicable and that he was further pleased to direct that in view of the provisions of Section 17 (4) the provisions of Section 5-A of the Act shall not apply. The purpose of the acquisition was stated to be establishment of synthetic Rubber Factory by Messrs. Synthetics and Chemicals Ltd. Then another notification, dated 4-4-1960 was published. This stated that in continuation of the notification, dated 2-4-1960 and in exercise of the powers conferred by Sub-section (2) of Section 40 of the Land Acquisition Act, 1894, the Governor of U. P. is pleased to appoint the Sub-Divisional Officer, II, Bareilly to hold an enquiry in connection with the acquisition of the land for the construction of a synthetic rubber factory by M/s. Synthetics and Chemicals Ltd. at 11 a.m. on April 14, 1960 and onwards in the Collectorate Bareilly and to submit a report on the matter immediately thereafter for the consideration of the State Government. On 19-6-1960 the company executed an agreement with the State Government, in view of the provisions of Section 41 of the Land Acquisition Act, and on 23-6-1960 this agreement was published in the gazette. The notification under Section 6 of the Land Acquisition Act, dated 30th June 1960 was published in the gazette, dated 2nd July 1960.

(3.) THE respondents raised a preliminary objection. It is urged that each petition has been filed by more than one individual. A joint petition by more than one person is not maintainable. In order to appreciate this objection some facts may be mentioned.