Amitava Lala, Ashok Srivastava, JJ. - (1.) ALL the aforesaid writ petitions being connected have been placed before this Court, therefore, the same have been heard analogously and are being decided by this common judgment.
(2.) PETITIONERS in all the aforesaid writ petitions describe themselves to be owners and/or possessors of the respective lands in different villages of District Ghaziabad. The common submission of all the petitioners is that their lands have been acquired under the impugned notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter in short called as the "Act') for the purpose of developing Hi-Tech Township without proper notice to them. It has further been contended that there is no necessity to invoke the urgency clause of acquisition as provided under Section 17 (4) of the Act dispensing with provisions of Section 5-A of the Act. Therefore, they have been deprived of submitting their objections to the proposed acquisition. Mr. A.B. Saran, learned Senior Counsel, and Mr. Shashi Nandan, learned Senior Counsel (who has subsequently withdrawn his writ petition) duly assisted by other learned Counsel appearing for the petitioners have contended at the relevant point of time that establishment of Hi-Tech Township is a camouflage and it does not denote anything which can be understood to include the public purpose. In effect, the acquisition in question has not been made for any public purpose but only for the purpose and benefit of a private company, for which Part-VII of the Act will apply and not Part-ll. In further, Hi-Tech Township Policy of the State Government is also in violation of Rules 4, 5, 6, 7 and 8 of the Land Acquisition (Companies) Rules, 1963 (here in after in short called as the "Rules, 1963'). Rule 9(2) of the Rules, 1963 prohibits invocation of power conferred under Section 17 of the Act in case acquisition is to be done for the companies. Therefore, the impugned notifications as well as the proceedings pursuant thereto are liable to be quashed. Learned Counsel appearing for the petitioners have submitted before this Court that the State Government floated a scheme vide Government Order dated 22nd November, 2003 for the purpose of development of Hi-Tech Townships by private company or companies. Pursuant to such Government Order, on 29th August, 2006 the State Government issued a notification under Section 4 read with Section 17(4) of the Act, which was challenged before this Court by means of several writ petitions on the ground that the land in dispute therein was proposed to be acquired for development of Hi-Tech Township through a private company, therefore, provisions of Part-ll of the Act are not applicable but the provisions of Part-VII of the Act will be applicable while issuing the notification under Section 4 of the Act. Further, there was no material before the State Government to invoke the provision of urgency under Section 17 (4) of the Act and without any subjective satisfaction the notification under Section 4 of the Act was issued. However, all such writ petitions were dismissed by this Court as premature. Against such order of dismissal, the petitioners therein preferred special leave petitions (hereinafter called as "SLP") before the Supreme Court wherein interim order has been passed on 22nd August, 2007 directing the parties to maintain status quo keeping the SLP pending. During the pendency of SLP, the State Government has issued fresh notifications, which are impugned in the present writ petitions.
(3.) THE State Government has acquired the land for development of Hi-Tech Township in the name of Ghaziabad Development Authority. A memorandum of understanding was executed between Ghaziabad Development Authority and the private company on 30th November, 2005. From the perusal of such memorandum of understanding it transpires that the entire development has been supposed to be done by a private company, for which the State Government has given relaxation in the stamp duty to the private builder which will result in the huge financial loss to the State Government. The petitioners came to know from the counter-affidavit of the State respondents that the company acquiring the land for development of Hi-Tech Township will obtain 75% land by private negotiations and thereafter, if necessary, upto 25% land can be acquired by the State under the Act. As per the memorandum of understanding executed between Ghaziabad Development Authority and the private company, it is admitted position that the land proposed to be acquired under the Act shall not exceed 25% of the total area of Hi-Tech Township. Therefore, out of maximum 3000 acres land required for development of Hi-Tech Township, only upto 750 acres land can be subject-matter of acquisition. But total land proposed to be acquired is 1144.805 acres, which is in excess of 750 acres land.;