SATYENDRA PRASAD JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PETITIONERS are the owners of a land measuring about 26 Bighas. It is situated in village Baraut Patti Baru, Pargana Baraut, in district Meerut. This land alongwith other lands measuring about 60 more Bighas is being acquired for construction of a market yard of Krishi Utpadan Mandi Samiti, Baraut.

(2.) ON July 29, 1986, a notification under sub-section (1) of section 4 of the Land Acquisition Act (called shortly " The Act ") was issued. The notification states that the Governor was satisfied that in view of the present urgency it was necessary to eliminate the delay likely to be caused by an enquiry under section 5-A of the Act, and consequently the Governor was pleased to direct under subsection (4) of Section 17 that the provision of section 5-A of the Act shall not apply to the proposed acquisition. ON October 24, 1986 the declaration under section 6 of the Act was issued. The petitioners have challenged the validity of the acquisition in particular, the legality of dispensing with the requirements of the provision of section 5-A of the Act.

(3.) IN the counter affidavit filed on behalf of Krishi Utpadan Mandi Samiti, the averments of the petitioners regarding the number of eucalyptus plants have been denied. IN regard to the urgent need to acquire the land, it has been stated :-