KRISHNA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THESE are three batches of Writ Petitions raising common questions of law as to the validity of acquisition of lands by Moradabad Development Authority for construction of residential houses for the house less residents of Moradabad.

(2.) THE lands in question are scattered in three different villages. THE lands concerned in the first batch of Writ Petitions (Writ Petitions No. 14719/84 etc.) are located in village Mukarrabpur Mustehkam. THE lands concerned in the second batch of writ petitions (Writ petition Nos. 15373/83 etc.) are situated in village Bhainsia. THE lands in the third batch of writ petition (Writ petition No. 11453/85 etc.) are situated in village Sonakhur. All are adjacent villages in the Moradabad.

(3.) IN these cases, leading arguments were addressed by Sri V.D.Singh counsel in writ petition No. 14719 of 1984 and Shri Sunil Gupta counsel in some other cases. The contentions of both the counsels ultimately had only one point, that is, as to the validity of dispensing with the compliance of section 5-A of the Act. It was rested on a two-fold submission (i) that there was no urgency justifying the elimination of enquiry prescribed under section 5-A of the Act ; (ii) that it would be for the State to satisfy the court with acceptable material that there was such an urgency even to eliminate the enquiry under section 5-A of the Act and there is a lack of evidence in regard to this aspect. The counsel also relied upon the decision of the Supreme Court in Narayan Govind Gavate v. State of Maharashtra, AIR 1977 SC 183 in support of the contentions.