- (1.) These four writ petitions under Article 32 of the Constitution, though slightly differing on facts, raise the same issue of law and, therefore, can be conveniently disposed of by a common judgment. Writ Petition No.344 of 2000 :
(2.) This writ petition is by a society of the residents of a colony known as 'Defence Enclave' in Meerut. The respondents to the writ petition are the State of U.P., the Meerut Development Authority and the Special Land Acquisition Officer, Meerut, U.P.
(3.) The second respondent, Meerut Development Authority (hereinafter referred to as 'the authority') is a statutory authority constituted under Section 4 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as 'the Act'). The objectives of the authority are securing the development of the development area according to plan and for that purpose the authority has the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection thereto for such development and for purposes incidental thereto. Under Section 17 of the Act, the State Government is empowered to acquire any land if land is required for the purpose of development, or for any other purpose of the Act and State Government, having taken possession of the land, is empowered to transfer it to the Authority on payment by the Authority of the compensation awarded under the Act and the charges incurred by the Government in connection with the acquisition. Under Section 18 of the Act, the Authority may dispose of the land acquired by the State Government after undertaking or carrying out such development as it thinks fit, to such persons, in such manner, and subject to such terms and conditions as it considers expedient for securing the development of the development area according to plan. Under sub-section (2) of Section 18 the Authority is empowered to dispose of the land by sale, exchange or lease or by the creation of any easement, right or privilege or otherwise.;