- (1.) These two writ petitions have been filed by the same petitioner i.e. Meera Sahkari Avas Samiti Ltd. which are connected with each other and have been heard together. Both the writ petitions are being decided by this common judgment.
(2.) Brief facts giving rise to both the above writ petitions need to be noted first. The petitioner, which is a registered Housing Cooperative Society and possessed of land in two villages of district Mathura, namely, Azampur and Ranchi Bangar, submitted an application before the Mathura Vrindavan Development Authority (hereinafter referred to as the Authority) for passing lay out plan for developing a township. The Authority vide its order dated 21st April, 1982 sanctioned the lay out plan. In the year 1987 the petitioner executed sale/lease deed to its members allotting different plots. The Authority initiated proceedings for acquisition of land in the aforesaid two villages.
(3.) With regard to Village Azampur, a notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to the Act) was issued in the gazette dated 16th June, 1998 proposing to acquire 24 plots (total area 14.472 hectares). In the notification two of the plots claimed by the petitioner being Plot No.166 and 167 were also included. Section 4 notification was also published in two daily news papers on 21st August, 1998 and 22nd August, 1998. On 27th September, 1999 declaration under Section 6 of the Act was published in the gazette. The purpose of acquisition was construction of housing colony under planned development scheme. On 10th November, 1999, the petitioner submitted a representation to the State Government through its President Shiv Charan Singh praying for releasing the land from acquisition. The State Government vide its letter dated 17th November, 1999 asked for report from the Authority giving justification for acquisition. The possession of the land was claimed to have been taken by the Authority on 11th February, 2000. Writ Petition No.52456 of 1999 was filed by the petitioner on 13th December, 1999 praying for following relief:- "a) to issue a writ, order or direction in the nature of certiorari quashing the acquisition proceedings by virtue of the Notifications under sections 4 & 6 dated 16.6.1998 and 27.9.1999 respectively in so far as it relate to Plot Nos 166 and 167 of village Azampur (old plot no.122) Tehsil and District Mathura. b) to issue a writ, order or direction in the nature of mandamus commanding the respondent-State Government to consider the representation of the petitioner dated 11.11.1999 on which comments have been called for by the State Government itself and to take a decision in accordance with law on the aforesaid representation so that justice be done. c) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess or interfere with the possession of the petitioner and their allottees over plot Nos 166 and 167 of village Azampur (Old Plot no.112) Tehsil and District Mathura. ......";