- (1.) By means of this petition, under Article 226 of the Constitution of India, petitioner has challenged the notifications issued under Section 4 (1) of the Land Acquisition Act, 1894, (herein after referred to as the "Act 1894"), published vide Gazette notification dated 24.11.205 proposing to acquire 181.308 hectares of land, including the land of the petitioner, in villages Achcheja, Sabadi and Chamri for Planned Development at the instance of Hapur Pilakhua Development Authority (in short "HPDA"). Provisions of Section 17 (1) and (4) of the Act 1894 was also invoked on the ground urgency and requirement of enquiry under Section 5-A of the Act 1894 was dispensed. Declaration under Section 6 of the Act 1894 was made on 13.07.2006 and published in daily newspaper dated 17.07.2006.
(2.) There is no dispute about the fact that the same notifications were subject matter of challenge in at least 31 writ petitions, leading writ petition being 2104 of 2006, Lahari Singh and others Vs. State of U. P. and others, which were connected and heard together by another Division Bench and were dismissed vide judgment and order dated 23.05.2016.
(3.) Sri Ravi Kant, learned Senior Advocate, appearing for the petitioner, has tried to distinguish the said judgment by urging that dispensation of enquiry under Section 5-A of the Act 1894 by invoking urgency under the provisions of Section 17 of the said Act was not considered in the said case and the said issue having been raised in this petition, the ratio of the said judgment is not attracted to the facts of the present case.;