(1.) The acquisition proceedings have been challenged by both the petitioners on common facts and law relating to the notifications issued u/s. 4 and 6 respectively, of the Land Acquisition Act, 1894 (in short the 'Act of 1894') for establishment of Special Economic Zone (SEZ) as well as violation of Sec. 5A of the Act of 1894 before issuance of the notifications u/s. 6 of the Act of 1894. One notification u/s. 4 of the Act of 1894 was issued on 20.12.2005 and two notifications u/s. 6 of the Act of 1894 were issued on 29.04.2006 and 30.10.2006. Further common facts of the suitability of the acquisition of Abadi land are involved in both the cases. Therefore, both the cases have been heard together and are being decided together.
(2.) At the outset, it is appropriate to mention that in Gautam Estates, its land falls within the actual requirement of SEZ whereas the land/fully developed farm houses of Nandan Greens is surplus to the actual requirement of SEZ which is sought to be acquired for grant of the same for allotment to expropriated owners (Khatedars) but the respondents have submitted that the said land is not surplus land as the same is required for allotment to the expropriated owner which is also a public purpose.
(3.) The parties have urged legal issues in regard to Sec. 5A of the Act of 1894 and the additional facts regarding the nature of the land and building constructed thereon and their requirement, therefore, facts of the writ petition, reply along with additional affidavit are being referred and dealt with hereunder separately.
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