S.S. Chauhan, J. - (1.) SINCE common questions of law and facts are involved in all these writ petitions, therefore, the same are being decided by a common order.
(2.) THESE writ petitions have been filed for quashing the notifications dated 27.11.2008 and 14.7.2010 as contained in Annexure Nos. 1 and 2 to the writ petition, by means of which, the notifications have been issued under Section 4(1) read with Section 17 and under Section 6 read with Section 17 sub -section (4) of the Land Acquisition Act (for short 'the Act'), by which, the land of the petitioners, who are bhoomidhar with transferable rights of their land situated at Village Salahpur Rajaour and Hasimpur, Tehsil Tanda, District Ambedkar Nagar was sought to be acquired by means of the impugned notifications for the purpose of extension of Stage -II, Tanda Thermal Power Project due to shortage of electricity. The capacity of Tanda Thermal Power Project, Stage -II is proposed to be 2 x 660 MW (1320 MW), out of which, the State of U.P. was supposed to get 832 MW power as its share, which is 63% of the total generation from the said units. The notifications under Sections 4 read with Section 17 and Section 6 read with Section 17 were issued for the purpose of extension of Stage -II of Tanda Thermal Power Project. Urgency clause was invoked in both the notifications. The notification under Section 6 was issued after a gap of 605 days. The provision of Section 5 -A of the Act was given a go -bye looking to the urgency in the matter. The aforesaid notifications have been challenged by the petitioners taking shelter of the provisions contained in Sections 11 -A and 5 -A of the Act.
(3.) THE respondent -State of U.P. has filed a counter affidavit and in the counter affidavit, it has been stated that the publication of notification under Section 4 read with Section 17 of the Act was made in the news paper on 07.06.2009. Thereafter public notice of the substance of notification was done through Munadi made by the Tehsildar in the village on 7/8.09.2009. The gazette notification of the declaration under Section 6(1) read with Section 17(4) of the Act was made on 14.07.2010. The publication of the notification in the news paper as per the requirement of the Act was made on 05.08.2010. Thereafter public notice of the substance of notification was made through Munadi by the concerned Tehsildar on 19.08.2010. Notices to the individual villagers as contemplated under Section 9 of the Act were given on 08.03.2011.;