RATAN PRAKASH MANGAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition under Article 226 is directed against notifications dated May 20, 1982, and May 21, 1982, issued by the State Government under the provisions of the Land Acquisition Act, 1894, (hereinafter referred to as the Act).

(2.) FACTS need be stated in some detail because the case has a chequered history. Plot no. 289 (3 bighas 14 biswa) situate in village Kukra, district Muzaffarnagar, was purchased by the petitioners on June 7, 1978, through a registered deed of sale for consideration of Rs. 99,000/- for the purpose of raising residential colony. Sub-plots were carved out and some of those transferred by sale to others during November and December, 1978. Krishi Utpadan Mandi Samiti, Muzaffarnagar initiated acquisition for the construction of Market Yard and notification was issued under section 4 (1) of the Act accordingly covering 80 acres of land on March 20, 1975. By another notification of the State Government dated August 30, 1975 this was rescinded and a fresh notification was issued under section 4 (1) dated October 20, 1975 for 60 acres of land which did not include plot no. 289 in dispute. Market Yard was constructed in a portion of the land thus acquired including certain shops and godowns etc. by the Mandi Samiti. During the process of construction need was felt for larger area. This led to the notification dated October 26, 1978 under section 4 (I) read with section 17 (4) in respect of land covering the area of 19.47 acres including plot no. 289. This notification was followed by notification made under section 6/17 (1) dated October 27, 1978. Possession was taken in pursuance thereof by the Mandi Samiti on January 2, 1979. Validity of these two notifications was challenged by the petitioners in so far as plot no. 289 is concerned in Writ Petition No. 163 of 1979 on the ground inter alia that there was no case of urgency to dispense with enquiry under section 5-A of the Act. The petition was allowed in its entirety by a Division Bench of this Court on September 6, 19 9. Both the notifications dated 26th and 27th October, 1978 were quashed in respect of plot no. 289. The Mandi Samiti filed an appeal in the Supreme Court being registered as Civil Appeal No. 2970 of 1979 which was allowed in part by the Supreme Court on October 22, 1979. It was affirmed that enquiry under section 5-A had been wrongly dispensed with by the State Government but that this Court was not right in having set aside the notification under section 4 (1) read with section 17 (4) in its entirety. That notification could be set aside, it was pointed out, in so far only as it dispensed with proceedings under section 5-A

(3.) AGGRIEVED against these two notifications the petitioners have filed this petition on June 25, 1982 seeking writ of certiorari to quash these notifications and also mandamus directing the respondents not to give effect to them and to restore possession of plot no. 289 to the petitioners.