- (1.) This bunch of writ petitions has been filed by approximately 800 petitioners claiming to be the recorded tenure holders of land situated in village Bathuakhera, Pargana and Tehsil Moradabad, district Moradabad. The land of the petitioners was subject matter of acquisition proceeding initiated by issuance of notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894 ) dated 26.9.1989. This notification under Section 4 was followed by a notification under Section 6 of the same Act, 1894 dated 6.1.1990. Under the notifications, Section 17 (4) had been invoked and Section 5 was done away with. It is not in dispute that the tenure holders, whose land had been so acquired, had been paid compensation after making of the award on 30.3.1991 and that in some cases even additional compensation has been paid and accepted. It is also submitted before us that the enhancement of compensation is being contested by respondent no. 5 by way of appeal, which is pending before this court.
(2.) The farmers have come up before this court with the allegations that the entire acquisition proceedings suffer from wrongful exercise of powers conferred under the Act, 1894 by the State Government. It is their case that the purpose of acquisition was in fact different from the one, which had been stated in the notification under Section 4 and Section 6 of the Act, 1894 and, therefore, the acquisition proceedings are void abnitio. In support of the plea so raised on behalf of the petitioners Sri Shashi Nandan, learned Senior Counsel assisted by Sri Shiv Sagar Singh, Advocate took the court to the recitals contained in the notification under Section 4 of the Act, 1894, which reads as follows; In continuation of Government notification No. 2919/XVIII-10 (P.P.)-89 dated September 26, 1989 issued under sub-section (1) of Section 4 and sub-section (4) of Section 17 of the Land Acquisition Act, 1894 (Act No. 1 of 1894) and lastly published through public notice affixed dated December 15, 1989. The Governor is pleased to declare under Section 6 of the said Act that he is satisfied that the land mentioned in the Schedule below is needed for public purpose namely establishment of a News Print Paper Project for the planned industrial development in district Moradabad through News Print and Paper Mills Ltd. (NEPA), New Delhi and under Section 7 of the said Act to direct the Collector of Moradabad to take order for the acquisition of the said land.
(3.) He also referred to the concluding part of the notification, which reads as follows; For what purpose required - For the establishment of News Print Paper Project by the National News Print and Paper Mills Ltd., New Delhi for the planned Development in district Moradabad. ;