Court No. - 35 Case :- WRIT - C No. - 38219 of 2010 Petitioner :- Vinod Kumar And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Raj Kumar Shukla,P.C. Jhingan,Smt. Sarita Jhingan Shukl Respondent Counsel :- C.S.C.,Ramendra Pratap Singh Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Connect with Writ Petition No. 16774 of 2010.
While assailing the impugned notifications dated 26.2.2009 and 19.2.2010
issued under Sections 4 and 6 of the Land Acquisition Act, Ms. Sarita Shukla,
learned counsel for the petitioners submitted that the State Government has
taken almost one year to publish notification under Section 6 and has still
invoked the urgency clause. In her submissions, if there was urgency to
dispense with the notice, then the notifications ought to have been issued
earlier, within a reasonable time. She has further submitted that the same is
self indicative of the fact that there was no urgency. It is further submitted that
the satisfaction for dispensing with the notice has been recorded
mechanically, without application of mind and without there being any
material before the State Government in this regard.
We prima-facie find substance in the submissions of the learned counsel for
the petitioners.
Matter requires consideration.
Issue notice.
Notices on behalf of the respondents no. 1 to 3 have been accepted by the
office of the learned Chief Standing Counsel whereas Sri Ramendra Pratap
Singh has put in appearance on behalf of respondent no. 4. Learned counsel
appearing for the respondents are granted four weeks’ time to file counter
affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of six weeks.
As an interim measure, without prejudice to the right and contentions of the
parties, till the next date of listing, the parties are directed to maintain status
quo as on date with respect to the land belonging to the petitioners situated in
Village Parsol, Pargana Dankaur, Tahsil Sadar, district Gautam Budh Nagar
notified under the impugned notifications.
Order Date :- 5.7.2010
p.s.