BRAHMA DEV Vs. STATE OF U.P.

JUDGEMENT

(1.) This bunch of writ petitions has been filed for quashing of notification issued under section 4 of Land Acquisition Act, 1989 dated 22.5.2006 and the notification issued under Section 6 of the same Act dated 22.6.2007.

(2.) The basic ground for challenging the aforesaid notification by the recorded tenure holders-the petitioners is that invocation of powers under Section 17 read with Section 5-A of Land Acquisition Act for dispensing with the enquiry in the facts of the case is arbitrary. It is pointed out that there was absolutely no material with the State Government which could justify the invocation of the powers under Section 17 read with Section 5-A of the Land Acquisition Act. It is further stated that the Apex Court in the case of Radhey Shyam (Dead) through L.Rs. and others v. State of U.P. And others; JT 2011 (4) SC 524 has already clarified that where the land is proposed to be acquired for planned development of a development authority the invocation of powers under Section 17 read with Section 5-A of Land Acquisition Act would be unjustified. It is therefore submitted that in the facts of the case notification cannot be legally sustained and be quashed.

(3.) We had called upon the State of Uttar Pradesh to explain the material which was available with the State Government for invocation of powers under Section 17 read with Section 5-A of Land Acquisition Act. The original records were also produced and were examined by the Court. The photostat copy of the certificate issued by the District Magistrate in that regard dated 5.2.2005 has been made available to the Court, which is kept on record.