Court No. - 37 Case :- WRIT - C No. - 5662 of 2010 Petitioner :- Shababul Hasan & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Zafeer Ahmad Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon’ble Subhash Chandra Nigam,J.
The petitioners have prayed for setting aside the Notifications under Sections 4 and 6
of the Land Acquisition Act, 1894 (in short, ‘the Act’) with the opinion of the State
Government that the land is needed urgently and invoking sub section (4) of Section
17 dispensing with enquiry under Section 5A of the Act. The notification under
Section 17 (4) of the Act was published in the Gazette and daily newspaper on
3.10.2008 and 8.10.2008, and the notification under Section 6 read with Section 17
of the Act was published on 2.9.2009 for the purpose of constructions of Police Lines
of District Jyotiba Phule Nagar.
Learned counsel for the petitioners submits that there was no urgency much less real
urgency to dispense with the enquiry under Section 5A of the Act.
Learned Standing Counsel has accepted notice on behalf of all the respondents. He
will file counter affidavit within two weeks. The petitioners will have three days
thereafter to file rejoinder affidavit. The respondents will produce the records to justify
the invocation of Section 17 (4) of the Act.
Connect with Writ Petition No.65655 of 2009.
It is informed that the connected writ petitions have been listed on
09.02.2010. The present writ petition may also be listed on 09.02.2010.
Till the date of listing, the parties shall maintain status-quo with regard to the
possession, if the petitioners have already not been dispossessed from the land
in dispute.
Order Date :- 3.2.2010
R./