- (1.) In these connected writ petitions, the purchasers, owners and bhumidhars of the agricultural land in District Ghaziabad, have challenged the six notifications issued by the State of Uttar Pradesh under Section 4(1) / 17 of the Land Acquisition Act, 1894 (in short, the Act) all dated 16.10.2004, and the six notifications under Section 6 / 17 of the Act of various dates between 5.9.2005 to 31.10.2005 acquiring 499.446 hectares, equivalent to 1234.131 acres of land in village Sadarpur-I in district Ghaziabad, (area 269.004 hectares, vide notification under Section 6 / 17 dated 13.10.2005); Sadarpur II, (area 45.495 hectares, notification under Section 6 / 17 dated 5.9.2005); Rasoolpur Yakootpur, (area 68.537 hectares, notification dated 28.10.2005); Mahiuddinpur-Mainapur, (area 45.580 hectares, notification dated 5.9.2005); Naglapath, (area 67.179 hectare notification dated 28.10.2005); Morth (area 3.643 hectares notification, dated 28.10.2005). The Ghaziabad Development Authority (in short, 'the GDA') on the basis of the documents produced on record, alleges that the possession of the acquired land in respect of Sadarpur-I and Sadarpur-II was taken over on 18.11.2006, and that the possession of the acquired land in the remaining villages was taken over on 18.5.2006.
(2.) The land has been acquired under Section 4 with declaration that the provisions of Section 17(1) are applicable to the land, also applying Section 17(4) of the Act dispensing with the enquiry under Section 5A of the Act, for the public purpose namely 'planned development of Ghaziabad Development Authority' for residential colonies.
(3.) In almost all the cases, interim orders were issued at the time of filing of the writ petitions, staying dispossession of the petitioners from the acquired land under the notifications. In leading Writ Petition No. 28505/2006 Sahara India Commercial Corporation and Ors. v. State of UP and Ors., the Court directed by its order dated 15.7.2009 to maintain status quo in respect of all the cases except those filed in the year 2009, and in which there was no interim order. The Ghaziabad Development Authority filed Special Leave to Appeal (Civil) No. 25127/2009 against the interim orders. The Supreme Court was pleased to pass an order on 23.10.2009, as follows: Heard both sides. The petitioner has challenged the interim order passed by the High Court. It is submitted on behalf of G.D.A., who is the petitioner before us, that several lands have already been taken over by the Authority and the construction is going on in the properties. Learned Counsel for the respondents submitted that already there is an order passed in their favour passed by the High Court on 22.5.2006 protecting their rights. That order may protect the respondents herein if it is not varied by the court thereafter. In the result, we set aside the present impugned order and request the High Court to dispose of the petitions pending before it at an early date. As there are several petitions pending before the High Court, the same Bench may bear all these petitions. The Special Leave Petition is disposed of accordingly.;