AGRA DEVELOPMENT AUTHORITY Vs. NAFISHA BEGUM

JUDGEMENT

(1.) Heard Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri J.N. Maurya and Sri Suresh Chandra Dwivedi, learned counsels for the appellants and Sri Rahul Agarwal alongwith Sri Ashok Kumar Tripathi and Sri Kishan Jain, learned counsels for the claimants-respondents.

(2.) This batch of first appeals and cross objections arise from one and the same land acquisition notification for land of village Basai Mustaqil and involve common facts and questions, therefore, with the consent of the learned counsels for the parties, all these first appeals have been heard together treating the First Appeal No.733 of 2017 as the leading first appeal. These first appeals were heard on several occasions at length including on 13.05.2019, 15.05.2019, 20.05.2019, 27.05.2019 and 28.05.2019. In First Appeal No.733 of 2017, appellants and respondents, both have filed paper books. Cross objections have been filed by the claimants-respondents in First Appeal Nos.212 of 2017, 387 of 2019, 262 of 2019, 269 of 2019, 270 of 2019, 274 of 2019 and 347 of 2019.

(3.) Briefly stated facts of the present case are that by notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 30.01.1989 published in the official gazette on 30.01.1989 and subsequently, published in local newspapers on 14.02.1989 and 15.02.1989, land measuring 734.50 acres of villages Basai Mustquil, Tora, Chamroli and Lakavali, Tehsil and District Agra, falling partly within municipal limit (chungi ander) and partly outside the municipal limit (chungi bahar) was acquired for "Taj Nagari Phase-II Scheme" of the Agra Development Authority (for short 'ADA'). Public notice of the acquisition was published by the Special Land Acquisition Officer (for short the SLAO) on 04.04.1989. Notification under Section 6(1) read with Section 17(1) of the Act was issued on 08.02.1990. Possession was taken on 30.03.1991.