SHIVRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE eleven petitioners pray to quash the Notification No. 2946/28-5-93-4-M. U-90 dated 9-7-1993 (as contained in Annexure-A) and Notifica tion No. 102/28-5-94-4- N. U.- 90 dated 22-3-1994 (as contained in Annexure B) is sued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') seeking to acquire about 25 Acres of lands.

(2.) A bare perusal of Annexures A and B show that they were made for the purpose of the development of Uttaranchal and Uttarakhand and that the lands in question were sought to be acquired for construction of an air-strip in village Panai Talli (Gauchar) pargana Chandpur of the district Chamoli.

(3.) SRI Lalji Sahai SRIvastava, learned counsel appearing on behalf of the petitioners, contended as follows : (i) In view of the facts and circumstances mentioned by the petitioners in the writ petition the acquisition by invoking special powers mentioned under Section 17 of the Act was unwarranted. (ii) Alternatively, if this Court comes to a conclusion that recourse to Section 17 of the Act was rightly taken in that event the petitioners should be given a suitable land first and if for some reason it is not possible for the respondents to give them an alternative site in that event they should be paid reasonable compensation expeditiously.