RAGHUVANSH MISRA Vs. STATE OF U P

JUDGEMENT

(1.) This order will dispose of all the three writ petitions mentioned above as they involve common questions of fact and law.

(2.) The emergency provision and other relevant provisions of Land Acquisition Act, 1894 (for short the Act) have been invoked for construction of 500 bedded hospital at Basti. The requisite Notification under Sections 4(1} and 17 of the Act was issued on 27.9.90 and was published in Gazette oh 13.10.1990 and the Notification under Section 6 of the Act was issued on 8.1.3990 and was published in the Gazette on 24.11.1990. The Notifications under Sections 4 and 6 of the Act were also published in two daily newspapers in accordance with the Rules as mentioned in the counter affidavit.

(3.) In these cases interesting questions has been raised from the point of view of the petitioners. The petitioners have challenged the impugned Notifications on the ground of Articles 25 and 26 of the Constitution of India alleging that major portion of plot No. 121 has also been acquired whereas on that plot there was a temple of Lord Shiva along with six rooms of the size.of 14 x 9 and 1/2 for religious guests, worshippers, saints and mahatmas. The impugned Notifications have also been challenged on the ground that the objections under Section 5(2} of the Act were not heard. The challenge has also been made on the ground that the adjacent piot Nos. 122, 123 and 124 which are open vacant land and whereon no temple is situated, have been left from acquisition on account of illegal gratifications whereas except only 3 biswas of land of plot No. 121, total remaining portion of plot No. 121 has been acquired. It is also one of the grounds of challenge that the land under deity cannot be acquired. Therefore, the petitioners have prayed for quashing of impugned Notification and for issuance of Mandamus commanding the respondents not to interfere in possession of petitioners over the land in dispute and not to demolish the temple and shops etc. The details of the plots need not be given as they are subject matter of Notifications.