- (1.) THIS Full Bench has' been constituted by order of Hon'ble the Chief Justice dated 06/8/2011 which is to the following effect: Hon'ble R.K. Agarwal, Hon'ble Ashok Bhushan and Hon'ble V.K. Shukha, JJ are nominated to deal with all connected matters.
(2.) THE Bench was again reconstituted.' A Division Bench of this Court while hearing Writ Petition No. 37442/2011, Gajraj and Ors. Vs. State of U.P. and Ors., in which writ petition the land acquisition' vide notification dated 12/3/2008, under Section 4 of the Land Acquisition Act, 1894, invoking urgency clause and the notification dated 30/6/2008, issuing declaration under Section 6 of the Act pertaining to Village Patwari' was under challenge. The Division Bench took note of two Division Bench judgements of this Court ' firstly, Writ Petition No. 45777/2008, Harish Chand and Ors. v. State of U.P. and Ors., decided on 25/11/2008 and another Division Bench judgement in Writ Petition 17068/2009, Har Karan Singh v. State of U.P. and Ors., decided on 19/7/2011. In the judgment of Harish Chand and Ors. (supra) invocation of Sections 17(1) and 17(4) by the State was upheld, whereas' in the subsequent judgment of Har Karan Singh (supra) decided on 19/7/2011 invocation of urgency clause was quashed by this Court. The Division Bench however noticing the aforesaid made following observations: At this juncture, Mr. Dubey has contended before this Court that he has No. objection regarding hearing of such type of matters upon formation of a larger Bench, but the Petitioners are entitled for an interim order of status quo, which has been opposed by the Respondents by saying that since the writ petitions have been filed after 3 -4 years of requisition and acquisition, at this stage there is No. necessity of passing any interim order, otherwise litigations will multiply. It is pertinent to note that several applications have been made either by the respective builders and/or purchasers of flats and/or the banks for impleadment, which have been strongly opposed by the Petitioners by saying that they can not be made parties to these writ petitions as in the cases of land acquisition the land owners and the requiring bodies, sometime acquiring bodies, are the necessary parties and not others. On the part of one of the applicants it is submitted before this Court that as per the Rules of this High Court any aggrieved or affected party can be treated to be intervenor in any of the proceedings, therefore, No. one can be restrained from getting opportunity of hearing. In these special circumstances, they are required to be heard. However, at this stage we do not propose to entertain such applications. The matters will appear on 17th August, 2011. Let it be placed before the Hon'ble the Chief Justice/ Hon'ble Senior Judge, as per the Rules and practice of this Court, to take an administrative decision about formation of the larger Bench as early as possible, so that the matters can be placed before such larger Bench on the next date itself.
(3.) LEARNED Counsel for the parties have informed that subsequent to the order dated 26/7/2011, made by the Division Bench directing the matter to be placed before Hon'ble The Chief Justice to take a decision for constituting a Larger Bench, several other writ petitions (Numbering about' 490) challenging the land acquisition pertaining to villages of Greater Noida and Noida' Authority have been connected with this writ petition.';