DEVENDRA KATARA AND ANOTHER Vs. STATE OF U.P. THROUGH ITS SECRETARY, MINISTRY OF URBAN DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the notification dated 3rd January, 2007 issued under section 4(1) of the Land Acquisition Act, 1898 (hereinafter referred to as the 'Act') notifying for general information that the land mentioned in the schedule was needed for a public purpose namely for Hi -Tech Township, Agra. It has further been mentioned in the said notification that the provisions of section 17(1) of the Act were applicable since the land was urgently required for construction of the aforesaid Township and, therefore, in view of the pressing urgency as well as to eliminate the delay likely to be caused by an inquiry under section 5A of the Act, the direction under section 17(4) of the Act was also issued for elimination of the inquiry under section 5A of the Act. We have heard learned Counsel for the petitioners, the learned Standing Counsel appearing for the respondent Nos. 1 and 2 and the learned Counsel appearing for the Agra Development Authority.

(2.) LEARNED Counsel for the petitioners submitted that the Notification issued under section 4 of the Act is without authority of law and dehors the provisions contained in the Act and that the entire proceedings for acquisition suffers from legal mala fides and that the right of the petitioner of filing of objections under section 5A of the Act have been illegally dispensed with by invoking the provisions of sections 17(1) and 17(4) of the Act.

(3.) WE have carefully considered the submissions advanced by the learned Counsel for the parties.