No. - 35 Case :- WRIT - C No. - 31799 of 2009 Petitioner :- Sh. Naipal Singh Respondent :- State Of U.P. Thru' Chief Secy. & Others Petitioner Counsel :- N.P. Singh,K.K. Singh Respondent Counsel :- C.S.C.,Ramendra Pratap Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and Sri Yashwant Varma and Sri
Ramendra Pratap Singh for the respondents.
By this writ petition, the petitioner has prayed for quashing the notifications
dated 17th March, 2009 and 7th May, 2009 issued under Sections 4 and 6 of
the Land Acquisition Act, 1894 respectively.
The land was acquired for plan development in district Gautam Budh Nagar.
The inquiry under Section 5A of the 1894 Act was dispensed with invoking
Section 17(4) of the 1894 Act.
Learned counsel for the petitioner submits that there was no reason for
invoking Section 17(4) for dispensing with the inquiry under Section 5A.
Learned counsels for the respondents submit that the land was acquired for
development under the Yamuna Expressway Project. It is submitted that writ
petition being Writ Petition No.29682 of 2009 (Narendra Road Lines Pvt. Ltd.
vs. State of U.P. and others) and other connected writ petitions filed
challenging the land acquisition for land development under the Yamuna
Expressway Project were dismissed on 2nd July, 2010. Learned counsels for
the respondents have pointed out that in paragraphs 107 and 108 of the said
judgment this Court specifically, after perusing the records produced by the
State Government, recorded finding that satisfaction was recorded for
Yamuna Expressway Project and dispensing of inquiry under Section 5A was
upheld.
The judgment in Narendra Road Lines’ case (supra) has considered the issues
raised in the writ petition which is fully attracted in facts of the present case.
The judgment in Narendra Road Lines’ case supra fully covers the present
case and in view of the aforesaid the submission of the petitioner’s counsel
cannot be accepted that there was no material for dispensing with the inquiry
under Section 5A. The petitioner is not entitled for any relief.
The writ petition is dismissed.
Order Date :- 11.8.2010
Rakesh