JUDGEMENT
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(1.) Leave granted.
(2.) This appeal is directed against the order dated 6.12.2006
passed by the Division Bench of the Allahabad High Court whereby the
High Court affirmed the notification dated 15.6.2006 issued under
Section 4 (1) read with Section 17(1) and 17(4) of the Land
Acquisition Act (hereinafter referred to as 'the Act') and the
notification dated 19.10.2006 issued under Section 6 of the Act. A
preliminary objection was raised before the High Court on behalf of
the respondent- Bulandshahr-Khurja Development Authority, Bulandshahr
that the writ petition was not maintainable at the instance of the
appellants and secondly it was contended that the writ petition was
bereft of basic pleadings with regard to the challenge of dispensing
with Section 5-A of the Act.
(3.) The first question which was agitated before the High Court was
that dispensing with requirement of Section 5-A of the Act was
arbitrary. The Division Bench of the High Court after referring to
couple of decisions of this Court took the view that the urgency
shown for invoking Section 5-A was justified as it was necessary to
remove the traffic congestion. It was also found that there was no
co-relation between the argument and the pleadings contained in the
writ petition. The High Court found that there was no infirmity in
the impugned notifications. Hence this appeal on grant of special
leave.;
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