- (1.) WE have heard Shri Mirza Fahim Beg, learned Counsel for the Petitioners. Learned Standing Counsel appears for the State Respondents. Shri B.D. Mandhyan assisted by Shri Satish Mandhyan has entered appearance on behalf of Krishi Utpadan mandi Samiti, Tundla through its Secretary.
(2.) THE Petitioners had earlier filed a Writ Petition No. 25226 of 2009 (Pankaj Kumar and Ors. v. State of U.P. and Ors.) for quashing the notification dated 29.7.2008 under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (in short, the Act) published in daily newspapers 'Dainik Jagaran' dated 20.9.2008. The writ petition was dismissed as premature on 14.5.2009, on the ground that by that time notification under Section 6 of the Act was not published. In this writ petition the Petitioners, as bhumidhars of plot No. 47 area 0.1150 hectare, and plot No. 50/1 area 4.0800 hectares of land in Village Basai, Pargana Tundla Tehsil Tundla, District Firozabad, are challenging the notifications under Section 4(1) dated 29.7.2008 with the opinion of the State Government, that the provisions of Sub -section (1) of Section 17 of the Act are applicable, also applying Sub -section (4) of Section 17 dispensing with enquiry under Section 5A of the Act, for acquiring plot Nos. 47, 50/1, and 51 total area 7.6090 hectares for construction of new market yard of Krishi Utpadan Mandi Samiti, Tundla in District Firozabad. The Petitioners have also challenged the notification of declaration under Section 6 of the Act dated 3.8.2009 with the satisfaction of the Governor of U.P. that the case is one of the urgency applying Sub -section (1) of Section 17 directing that the Collector of Firozabad, though no award has been made under Section 11 of the Act, may, on the expiration of 15 days from the date of publication of notice under Sub -section (1) of Section 9, take possession of the land mentioned in the Schedule for said public purpose.
(3.) THE notifications acquiring the land have been challenged on the ground that there was no urgency in the matter of acquisition. The proposal for acquisition at the stage of Collector was initiated way back on 29.11.2007. The Collector had written on 29.11.2007 to the Director of Land Acquisition for issuing notification under Section 4/17 of the Act acquiring the same area of the land in Village Basai for construction of new market yard by Krishi Utpadan Mandi Samiti, Tundla, District Firozabad. The State Government took eight months' time between the date of proposal for acquisition in issuing the notification, whereas the period of filing objections under Section 5A is only 30 days. After taking such a long time, which shows that there was no urgency for acquisition of the land for the purpose of constructions of new market yard, the applicability of Section 17(1), dispensing with enquiry and opportunity to file objections under Section 5A, is totally arbitrary and illegal exercise of power.;