AMRESHWAR PRATAP SAHI,J. - (1.) These writ petitions have basically challenged the notifications issued under Section 4 and section 6 of the Land Acquisition Act in respect of the land situated in village Dostpur Mangrauli Bangar, Tehsil Dadari, District Gautam Budh Nagar, on the grounds of an incorrect dispensation of the provisions of Section 5-A of the Land Acquisition Act, 1894 and proceeding to invoke Section 17 of the Act for acquiring the land in question. The writ petitions were entertained and an interim order was passed on 14th June, 2010.
(2.) A bunch of writ petitions relating to the same acquisition including writ petitions pertaining to the village in question came up for consideration before the Full Bench of this Court in the case of Gajraj and Others v. State of U.P. and Others 2011 Volume 11 ADJ 1 where all the acquisition proceedings were upheld but certain benefits were extended to the tenure holders in the terms thereof. The Full bench while dealing with this matter under the heading of Group 49 in paragraph 113 held as follows:- "113. The writ petition in Group 49 relates to village Dostpur Mangrauli Bangar, District Gautambudh Nagar. In Civil Writ Petition No. 47259 of 2011 (Rajveer and others v. State of U.P. And others), 11 petitioners have challenged the notification dated 17.3.2009 issued under Section 4 read with Section 17(1) and 17(1A) of the Land Acquisition Act for acquiring 66.684 hectares of land situated in village Dostpur Mangrauli Bangar, District Gautambudh Nagar. Declaration under Section 6 was issued vide notification dated 8.4.2010. Plot Nos. 222, 423, 268, 328 are being used by the petitioners as abadi, which is recorded in the revenue record. There is delay of more than one year in issuing of notification under section 6 of the Land Acquisition Act, which clearly indicates that there was no urgency in the matter. Petitioners claim that possession has yet not been taken. It is stated that there is no material with the State Government to invoke urgency clause. Counter affidavit has been filed by the authority stating that possession was taken by the State Government on 22.5.2010. There was no reason to exempt the land of the petitioners. Petitioners are not in possession of the land."
(3.) The above Full Bench judgment became subject matter of challenge before the Apex Court and the same was affirmed in the case of Savitri Devi v. State of U.P. And Others (2015) 7 SCC 21.;