SARDAR SWARUP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution has been filed by Sardar Swaroop Singh and others challenging the validity of the notification under section 4 of the Land Acquisition Act published on 13-9-1980 and under section 6 of the said Act dated 13-9-1983.

(2.) A notification was issued by the State of U. P. for acquiring the plots mentioned therein. The purpose mentioned was "for the use of a Housing Cooperative Society, to develop it and distribute it in plots to its members for construction of houses thereon." A large number of objections under section 5-A of the Land Acquisition Act were filed by the persons interested in the land which were proposed to be acquired by the notification aforesaid. The objections were heard by the Land Acquisition Officer and, therefore, a report under section 5-A of the Act had been submitted to the State Government. The State Government issued a notification under section 6 of the Act on 13th September, 1983 declaring that the plots mentioned therein were required for construction of houses by the members of the Ambedkar Sahkari Grih Nirman Samiti. This decision had been arrived at after considering the report submitted to it under section 5-A of the aforesaid Act. It was, thereafter, that the present writ petition was filed in this Court.

(3.) THE second point was that the Society since was a Company within the meaning of that phrase defined in the Land Acquisition Act, therefore, compliance of Land Acquisition (Company) Rules 1963 was essential and as in this case no report under Rule 4 had been obtained by the State Government before issuing the notification under section 4 of the Land Acquisition Act, the entire land acquisition proceedings were invalid.