ARUN MISHRA,MOHAN M.SHANTANAGOUDAR,J. - (1.) The appeals have been preferred as against the judgment and order passed by the High Court of Allahabad, Signature Not Verified Bench at Lucknow, deciding two Writ Digitally signed by SAPNA BISHT Date: 2017.10.04 15:36:38 TLT Reason: Petitions by the common order dated 08.02.2006 questioning the change in master plan 2021 and land C.A.NO.5606/2010 acquisition proceedings.
(2.) The facts, in short, unfolds that the area in question was reserved for green belt in the master plan that was prepared in the year 1995. A fresh master plan was prepared and approved on 31.03.2005. The area was changed from green belt to residential one on the prayer being made by the Lucknow Development Authority. Surprisingly the act was done in tandem, the date on which the master plan was modified, the area in question was changed from green belt to the residential one. On the same day, a notification had been issued under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (in short 'the Act'). A corrigendum was issued on 05.05.2005 and later on 24.10.2005 that shows the notification had been issued under Section 4(1), 17(1) of the Land Acquisition Act in utter haste. A declaration under Section 6 was issued on 24.10.2015.
(3.) The area to be acquired in the notification under Section 4 was 266.661 Hectares for the purpose of expansion of Gomti Nagar at Lucknow. Out of this, C.A.NO.5606/2010 203.189 Hectares area belongs to individual landowners and rest of the area belonged to the Government. The declaration under Section 6 was confined to the area 203.189 Hectares. The total area reserved for the green belt in the master plan was 266.661 Hectares.;