BHAGAT SINGH RAJIV JAIN DR USHA SIROHI RANJIT SINGH CHAUHAN LALITA BHONSLEY Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1998-12-35
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 08,1998

BHAGAT SINGH,RAJIV JAIN,USHA SIROHI,RANJIT SINGH CHAUHAN,LALITA BHONSLEY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

M. Jagannadha Rao, J. - (1.) Leave granted.
(2.) These appeals all arise out of the common judgment of the Allahabad High Court dated 24-4-1997. By that judgment, the writ petitions filed by the appellants questioning the validity of land acquisition proceedings were all dismissed.
(3.) The following are the facts common to all the matters. On 25-9-1991, the District Magistrate, Agra sent proposals to the U. P. Government for acquisition of 10.175 hectares of land in village Bainpur, U. P. for construction of a market yard for fruits and vegetables. Various plots of land were included in the notification. The Section 4(1) notification was issued under the Land Acquisition Act, 1894 (hereinafter called the Act) on 5-10-1993 for acquisition of 7.334 hectares. The notification stated that the provisions of Section 5-A were being dispensed with in view of the urgency of the matter and this was being done in exercise of powers under Section 17(4) of the Act. The notification insofar as it related to urgency, and dispensing with Section 5-A inquiry read as follows: "Being of the opinion that the provisions of sub-section (1) of S. 17 of the said Act are applicable to the said land inasmuch as the said land is urgently required for the construction of Fruits and Vegetables Market Yard in District Agra and that in view of the pressing urgency it is as well necessary to eliminate delay likely to be caused by an inquiry under S. 5-A of the said Act, the Government is further pleased to direct under sub-section (4) of S. 17 of the said Act, that the provisions of S. 5-A of the Act shall not apply. For what purpose Required- For the construction of Fruits and Vegetables Market Yard in District Agra. Note-A:Site plan of the land may be inspected in the office of the Collector, Agra." ;


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