- (1.) Petitioners in all these writ petitions have assailed notifications dated 16th October, 2004 published under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') and dated 28th November, 2005 published under Section 6 (1) of Act, 1894, proposing to acquire 387-0-5 bighas (229.3828 acres) of land, comprising a large number of khasras in Village-Mohiuddinpur Kanawani, Pargana Loni, District Ghaziabad for the purpose of "Planned Development", (for construction of residential colonies) at the instance of Ghaziabad Development Authority (hereinafter referred to as 'GDA'), in public interest. State Government also exercised powers under Section 17(1) and (4) and dispensed with inquiry contemplated under Section 5A of 'Act, 1894'.
(2.) Details of petitioners and respective plots belong to them, which are in dispute and subject matter of acquisition in question, are given as under: JUDGEMENT_306_LAWS(ALL)9_2016.jpg
(3.) Acquisition notifications have been challenged on various grounds including illegal exercise of power under Section 17 (4) in dispensing with inquiry under Section 5A of Act, 1894. This aspect in respect to acquisition notifications has already been dealt with and considered by this Court in Writ Petition No. 4986 of 2005 (Hatam Singh and others Vs. State of U.P. and others) and 29 other connected matters, decided on 09.09.2016, and relevant extract in para 117 of the judgment reads as under: "117. Writ petitions are allowed. Impugned acquisition notifications dated 16th October, 2004 and 28th November, 2005 in so far as they relate to the petitioners' land are hereby set aside. Petitioners shall be entitled to cost which we quantify to Rs.5000/- for each set of writ petition against respondents 1, 2 and 3.";