MOLAHEY Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner, Molahey and another have filed Writ Petition No. 3768 (M/B) of 2005 for issuing a writ in the nature of certiorari quashing the Master Plan, especially the portions of the Master Plan 2021 relating to the land mentioned in paragraph 2 of the writ petition allegedly belonging to them and the notices under Sections 4(1)(6) of the Land Acquisition Act dated 31.3.2005 with its' corrigendum dated 5th May, 2005 and 24th October, 2005 respectively.

(2.) Adarsh Samuhik Sahkari Krishi Samiti Limited has filed Writ Petition No. 4099 (M/B) of 2005 for issuing a writ in the nature of certiorari quashing the same Master Plan, 2021 relating to the land of the petitioner mentioned in paragraph 3 of the writ petition and the same Notification under Section 4(1)(6) of the Land Acquisition Act. This writ petition came up for hearing before this Bench at the request of the parties to the petition on the ground that the same Master Plan and the Notification under the Land Acquisition Act have been challenged in these writ petitions as in Writ Petition No. 3768 (M/B) of 2005. The grounds to challenge the Master Plan, 2021 and the Notification under Land Acquisition Act in both the writ petitions and the defence taken by the State Government and the Lucknow Development Authority are near-about similar.

(3.) The Lucknow Development Authority (hereinafter referred to as 'Authority') issued a Public Notice on 23.2.2005 inviting objections/suggestions to the Draft Master Plan by 4.3.2005. In this Draft Master Plan, the disputed land in Writ Petition No. 3768(M/B) of 2005 was shown for parks and open spaces/green belt. The Technical Committee constituted by the State Government with the consent of the Lucknow Development Authority considered the various objections/suggestions provided by the Public and the other institutions and after considering those objections this Committee finalised the Master Plan and recommended the rejection of the objections/suggestions of the Public seeking the change in the land use of the land of the petitioners involved. Thereafter, it was sent to the Government. The State Government approved it on 31.3.2005 and issued a required notification on 9th April, 2005. After that the State Government issued notification under Sections 4 and 6 read with Section 17 of the Land Acquisition Act dispensing with the requirement of the objections under Section 5A of the Land Acquisition Act.