Pankaj Mithal, J. - (1.) The petitioner has assailed the notification dated 03.10.2005 (annexure-1 to the writ petition) issued under Section 4(1) read with Section 17(1) and Section 17(4) of the Land Acquisition Act (hereinafter referred to as an Act). Primarily, as it would appear from the facts and discussions herein under, the petitioner has only attacked the notification issued under Section 17(1) and 17(4) of the Act by which the provisions of Section 5-A of the Act have been excluded and the petitioner's right to file objections against the proposed acquisition has been taken away.
(2.) The petitioner is a cooperative housing Society duly registered under the U.P. Cooperative Societies Act. The petitioner for the purposes of developing land and promoting residential colony had purchased the land in dispute in the city of Agra. The petitioner for developing the said land had submitted a lay out plan to the Agra Development Authority (hereinafter referred to as A.D.A.) for approval and when the same was not approved, the petitioner approached the High Court by filing a writ petition wherein vide order dated 06.10.2005 passed by this Court, directions were issued to the A.D.A. to consider the lay out plan of the petitioner in accordance with law on merit provided the land is not under acquisition.
(3.) In the meantime, the State of U.P. on 03.10,2005 issued the impugned notification under Section 4 read with Section 17 of the Act proposing to acquire 395.5726 Hectare of land of the villages Barauli, Ahir, Bagda, Tora, Lakawali, Chamrauli, Mayapur and Kala! Kheria in Agra including the land in dispute. In the aforesaid notification, it has been clearly stated that the land is needed for the public purpose of plan development of a residential colony. The respondents further invoked the provisions of Section 17(4) of the Act and on account of urgency dispensed with the inquiry provided under Section 5-A of the Act. The aforesaid acquisition in effect is for the purposes of developing a residential colony with the name of Taj Nagari phase-Ill. The petitioner further states that the development authority is already possessed of over 800 bighas of land, which was acquired by it for Taj Nagari phase-II and this acquired land has not been developed by it, therefore, there is no need for acquiring any further land. The acquisition of land belonging to Cooperative Housing Society is in violation of Government Orders dated 27th October 1986, 2.6.1998 and 22.10.2002. The petitioner by filing supplementary affidavit dated 12.12.2005 (served upon A.D.A. on 1.3.2006) has further alleged that the acquisition is in effect for providing land to Private Colonizers, which is not a public purpose. It has also been stated in the petition that the respondents have left out or released some plots of land from the acquisition on account of political influence or pressure and as such the action of the respondents in acquiring the land of the petitioner is arbitrary and discriminatory in nature. The Development Authority is not possessed with sufficient funds to meet out the expenses of the acquisition and the amount of Rs. 26,00,87,354.30 deposited by it is highly inadequate and insufficient.;