- (1.) WE have heard Shri H.R. Mishra, Senior Advocate appearing for the petitioners. Sri Zafar Naiyar, learned Additional Advocate General assisted by Sri M.C. Chaturvedi, learned Chief Standing Counsel and Sri M.C. Tripathi, learned Additional Chief Standing Counsel appearing for the State Respondents.
(2.) SRI Ramendra Pratap Singh has filed counter-affidavit on behalf of GNOIDA Industrial Development Authority (GNOIDA). By these writ petitions, the petitioners have challenged the notifications dated 5.9.2007 under Section 4 of the Land Acquisition Act and notification dated 27.2.2008 under Section 6 of the Land Acquisition Act issued by the State Government, by which the land in Village Gulistanpur, Pargana Dadri, Tehsil Sadar, Distt. Gautam Budh Nagar, has been acquired by the State Government for "planned industrial development' by GNOIDA Industrial Development Authority (GNOIDA), applying Section 17 (1) and (4), dispensing with enquiry and opportunity to the land owners to object to the acquisition, and authorising the State Authorities to take over possession though no compensation has been paid. A counter-affidavit has been filed by the State respondents stating in paragraphs 3 to 5 as follows : "3. That before giving parawise reply to the contents of the writ petition, a brief summary of the basic facts regarding the acquisition proceedings which is under challenge in the present writ petition and refers to the notification under Section 4(1)/17(4) and 6/17(1) of the Land Acquisition Act dated 5.9.2007 and 27.2.2008 respectively in respect of land in Village Gulistanpur Pargana Dadri and Tehsil Sadar District Gautam Budh Nagar is being submitted in the form of a charaaelow :_ JUDGEMENT_140_ADJ6_2011Image1.jpg 4. That the complete factual details with regard to the initiation of the acquisition proceedings are being submitted herein below : (a) By Notification of Industrial Development Anubhag -4 Government of U.P. a development authority known as GNOIDA Industrial Development Authority was constituted in 1991 under Section 3 of U.P. Industrial Area Development Act 1976. (b) The village Gulistanpur Pargana Dadri Tehsil Sadar of G.B. Nagar is the part of the notified area under the GNOIDA Industrial DevelopmentAuthority. For the purpose of Planned Industrial Development in District Gautam Budh Nagar - Aproposal for the Acquisition of 170.891 hectares of land in Gulistanpur Pargana Dadri Tehsil Sadar along with the note for justification for invocation of urgency clause under Section 17 Land Acquisition Act 1894 was submitted by the GNOIDAAuthority vide letter No. bhulekh/bhu. P/2005 dated 24.9.2005 to the office of A.D.M (L.A)/O.S.D Gautam Budh Nagar. True copy of the proposal of acquisition is filed herewith and marked Annexure 1 to this counter- affidavit. (c) After reconciliation from the revenue records the aforementioned area was revised to 170.098 hectares and the same was submitted by GNOIDA Authority. The proposal was forwarded by Additional District Magistrate/ Collector G.B. Nagar together with his recommendation to the Directorate of Land Acquisition, Board of Revenue U.P. The directorate of land acquisition submitted the proposal to state government for consideration and issuance of notification under Section 4(1)17(4) of Land Acquisition Act 1894 vide letter No. 2430/10(LA) 79v/05 dated 14.11.2006. True copy of the letter of ADM (LA) to the Director of Land Acquisition, Board of Revenue , U.P. is filed herewith and marked as Annexure 2 to the counter-affidavit. (d) It is relevant to mention here that the request submitted by the GNOIDA Development Authority to ADM (LA) District G.B. Nagar for the purposes of initiating proceedings for acquisition of land of village Khanpur, it was specifically stated that the land in question was proposed to be acquired for planned industrial development in district Gautam Budh Nagar, through GNOIDA DevelopmentAuthority. Upon receipt of the said request letter and the note containing justification for invocation of urgency, the ADM (LA)/Collector GB. Nagar on being satisfied, recommended acquisition of 170.097 hectares of land in village Gulistanpur and also for invoking of the urgency provisions as contained in Section 17 of Land Acquisition Act. The complete records were placed before the state government through the Directorate of Land Acquisition and upon consideration of complete materials, the State Govt. recorded its subjective satisfaction for invoking of the urgency clause of Section 17 and approval was granted by state government for issuance of notification under Section 4(1)/17(4) and initiation of acquisition proceedings. True copy of note containing justification for invocation of Section 17 is being filed herewith and marked as Annexure 3 of this counter-affidavit respectively. (e) The GNOIDA Development Authority deposited 70% of the compensation amount required as per the Rules before proposal was sent to the State Government and the State Government after being satisfied with the proposal issued declaration under Section 6(1) 17(4) on 27.2.20083. After declaration under 6/17 notice under Section 9 was issued to the land owners and after expiration of fifteen days time as stipulated in the Act the possession of land was transferred to GNOIDA Development Authority on 19.3.2008. A photo state copy of possession memo dated is being filed here with and marked as Annexure 1 to this affidavit. 5. That the Section 9 of the Act 1976 provides that no person shall erect or occupy any building in industrial development area in contravention of any building regulation made under sub Section 2 of the said act. As per the revenue records the land in dispute was agricultural land. Any abadi erected or constructed by the petitioner was without any approval of the development authority. The petitioner has not brought on record any document where by any permission given by under Section 9 of the said Act of 1976 or granted by the competent authority."
(3.) SRI Ramendra Pratap Singh has filed a counter-affidavit on behalf of GNOIDA, stating in paragraphs 12, 16 and 17 as follows: "12. That the averments of paras 9, 10 and 11 of the writ petition are not admitted hence specifically denied. The acquisition of the land situated in Village Gulistanpur has been made by the State Government strictly in accordance with law and the State Government has examined the proposal report/joint survey report and collector's report thereafter, the State Government was subjectively satisfied and invoked the Urgency Clause under Section 17(4) of the Act in issuing the notification under Section 4(1)/17(1) of the Act dated 5.9.2007. Again the declaration notification has been issued by the State Government in exercising its power of Urgency on 27.2.2008 and notification under Section 6(1)/17(1) of the Act has been issued as per the procedure laid down by the Act. It is further submitted that the Government is fully competent to issue notifications under Section 4(1)/17(1) and 6(1 )/17(1) of the Act, the land has acquired of the disputed notifications for Planned Industrial Development of GNOIDA. The land in question is needed urgently for making the development in GNOIDA area as per the Master Plan 2021. This acquisition is for public purpose and made strictly in accordance with law by the competent Government in exercising its power of Urgency Clause vested in it after subjective satisfaction. These notifications are just and correct notifications issued by the competent Government. It is further submitted that the acquisition of the land has been made by the State Government on the recommendations of the subordinate authorities, who was subjectively satisfied on the objective appraisal of the fact and the State Government has taken the decision after considering the material then the State Government has invoked the Urgency Clause and issued the notifications as per the law accordingly. The decision of the State Government cannot be challenged by the petitioners on the vague allegations without placing any material on record or without alleging any mala fide against the respondent. The Urgency Clause has rightly been invoked by the State Government for Planned Industrial Development of GNOIDA which is public purpose. Even, abadi land can also be acquired for public purpose. 16. That the averments of paras 17 and 18 of the writ petition are not submitted hence specifically denied. The acquisition of the land has been made by the State Government on the recommendations of the subordinate authorities, who was subjectively satisfied on the objective appraisal of the fact and the State Government has taken the decision after considering the material then the State Government has invoked the Urgency Clause and issued the notifications as per the law accordingly. The decision of the State Government cannot be challenged by the petitioners on the vague allegations without placing any material on record or without alleging any mala fide against the respondent. The Urgency Clause has rightly been invoked by the State Government for Planned Industrial Development of GNOIDA, which is public purpose. Due to globalization of economy, our country's economy has to compete with the other countries and for that requires progressing with fast speed. Therefore, in order to keep pace with the speed, invocation of Section 5-A has become imperative. It is further submitted for good infrastructure and to keep pace of progress, the urgent acquisition of land are called for that too without delay. The GNOIDA is near out National Capital Delhi, and the Residential Industrial, Institutional, Development of Roads, are required for which the land of Village Gulistanpur has been acquired. The land has been acquired for Public Purpose. 17. That the averments of paras 19 and 20 of the writ petition, it relates to the interim order passed in different writ petition, hence needs no reply." In the counter-affidavit of Sri Man Mohan Chaudhary, ADM (LA), GNOIDA, Gautam Budh Nagar, filed on behalf of the State Respondents, the documents annexed would show that on 24.9.2005, the Special Officer, GNOIDA, submitted a proposal in response to the letter received from the Office of the ADM (LA), Gautam Budh Nagar, dated 22.9.2005, modifying the area of Gata Nos. 828, 829 and 1044 and thereby amending the proposal for acquisition of 170.891 hectares of land with a request that the proposal may be sent to the Director, Land Acquisition, Directorate, Board of Revenue, U.P. Lucknow to issue notifications under Section 4/17 of the Act. The District Magistrate by his letter dated 25.11.2005 forwarded the proposal to the Director, Land Acquisition, Directorate, Board of Revenue, U.P. Lucknow also intimating that 10% estimated compensation and 10% cost of acquisition at Rs. 11, 76, 83, 692/- has been deposited. The proposal in prescribed proforma in three sets was forwarded for obtaining notifications under Section 4/17 of the Act. Alongwith this letter, the Collector also annexed the information on Form No. 10 for invoking Section 17 of the Act in acquiring the land. He certified that it is necessary to immediately complete the project and thus, it is also necessary to immediately take over the possession of the land. If Section 17 is applied, the rights of the land owners u/s 5-A of hearing are taken over of which he is satisfied with the justification. The justification for invoking Section 17 signed by the ADM (LA), GNOIDA, Gautam Budh Nagar (Page 11), states that according to the plan of GNOIDA, the development of the industrial area by constructing roads, sewerage, electricity, is accepted. The work of allotment has been held up in the area which is included in the industrial plan of the authority. The applicants want allotment of the land which is not possible as the land has not been acquired. Amongst the applicants, there are several reputed industrial establishments who want to invest capital in the area in the State of U.P. and thus, according to the plan, it is absolutely necessary to make the land available to them. If land is not made available to these units according to their requirements, these units will establish their industrial units in other States and thus, an effort is being made to make the land available so that no unit goes to some other State and as such, the industrial development of the State may be possible in appropriate manner.;