CHAMMA AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have preferred the instant writ petition challenging the notification dated 19.04.2010 issued under Section 4(1) of the Land Acquisition Act, 1894 as well as the declaration dated 02.06.2010 under Section 6(1) of the Land Acquisition Act, 1894 by which the respondents have acquired the land for the public purpose of 'Samudaik Sanskritik Suvidhyane' but later changed the purpose for commercial use. A prayer has also been made that the respondents be restrained from interfering in respect of the property belonging to the petitioners which has been detailed in paragraph-4 of the writ petition.

(2.) The main thrust of challenge to the acquisition proceedings is primarily on the ground that though the respondents had initiated the land acquisition proceedings by issuance of notification under Section 4(1) of the Land Acquisition Act indicating therein that the land was required for the public purpose of Samudaik Sanskritik Suvidhyane and also invited objections in terms of Section 5(A) of the Land Acquisition Act. However, soon after the declaration under Section 6(1) of the Land Acquisition Act was issued on 02.06.2011 thereafter the respondents undertook an exercise to change the land use of the said land from residential to commercial purpose and wanted to raise a five star hotel and for which it invited bids which was even published in the section of the print media dated 16.09.2011.

(3.) It has been submitted that this change of land use for the purposes of construction of a five star hotel does not fit the description of a public purpose and accordingly for the said reason it has been submitted that this amounts to fraud and misuse of the power of eminent domain by the State and accordingly it has been urged that the notifications under Section 4 dated 19.04.2010 and declaration under Section 6 dated 02.06.2010 be quashed.