- (1.) These writ petitions have been filed by Aakash Education Society, Chithera and other petitioners assailing notifications dated 19.01.2007 published under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894'); and dated 11.07.2007 published under Section 6 of Act, 1894, proposing to acquire 87.249 hectare (215.592 acres) of land in village Chithera, Pargana Dadari, District Gautambudh Nagar comprising a large number of plots owned by petitioners. Land is proposed to be acquired at the instance of and for the benefit of U.P. State Industrial Development Corporation, Kanpur (hereinafter referred to as 'UPSIDC'). State Government has also invoked power under Section 17(1) and (4) and eliminated inquiry under Section 5A of Act, 1894.
(2.) Counsel for parties stated that issues raised in all these writ petitions are common, therefore, for the purpose of referring pleadings, parties have agreed to refer leading Writ Petitions no. 17029 of 2008 (Aakash Education Society Chithera vs. State of U.P. and others). Hence, we are proceeding to discuss the matter after referring pleadings in Writ Petition no.17029 of 2008. However, in order to show details of land acquired in other connected writ petitions we may give brief details in the form of chart as under and thereafter, shall proceed to discuss entire matter with reference to leading Writ Petition no. 17029 of 2008. JUDGEMENT_108_LAWS(ALL)7_20161.htm
(3.) Brief facts giving rise to leading petition are that petitioner M/s Akash Education Society is a Society registered under Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860'). Its title has now changed as "R.V. Higher Education and Technical Institution", Chithera, Dadari, Gautambudh Nagar. Petitioner Society owns land comprising of Plots no.1040, 1041, 1042, 1044, 1045, 1046, 1047, 1048, 1049 and 1051. It is running an educational institution having raised construction over land bearings plots no. 1046, 1047 and 1048. Land has been mutated in the name of petitioner. It has started one year course of B.Ed after approval granted by National Council for Teacher Education vide letter dated 28th August, 2004 to which State Government also issued "no objection certificate" on 10th February, 2005. Aforesaid course is affiliated to Chaudhari Charan Singh University, Meerut, affiliation to which has been granted vide Vice Chancellor's order dated 19.06.2006. Petitioner has also been granted approval by All India Council for Technical Education for running B. Pharmacy Course since academic year 2006-2007.;