- (1.) Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
(2.) This writ petition has been filed for quashing the notification dated 9th August, 1996 issued under Section 4 of the Land Acquisition Act as well as notification dated 3rd October, 2005 issued under Section 6 of the Land Acquisition Act.
(3.) We may reiterate the facts which has led to the making of the notification under Section 6 in the year 2005. Records reflect that notification issued under Section 4 of the Land Acquisition Act dated 9th August, 1996 was followed by notification under Section 6 dated 17th December, 1997 were challenged before the High Court by means of Civil Misc. Writ Petition No. 201 of 1998 (Kanwar Sahkari Awas Samiti Ltd. versus State of Uttar Pradesh & others) along with connected petitions on the ground that the invocation of the urgency clause in exercise of powers under Section 17 of the Land Acquisition Act and thereby excluding the hearing contemplated by Section 5-A of the Land Acquisition Act was unsustainable. The High Court proceeded to set aside the notification under Section 4 as well as the notification under Section 6 of the Land Acquisition Act vide judgment and order dated 26th March, 1999 an dated 6th April, 1999. This led to the filing of the Civil Appeals before the Apex Court being Civil Appeal No. 5517 of 1999 (Kanpur Development Authority versus Mahabir Sahkari Awas Samiti Ltd. & Ors.) along with connected Civil Appeals. The Apex Court vide judgment and order dated6th October, 2004 held that so far as the quashing of the notification under Section 6 is concerned, the same was legally justified as there was no material for invoking the urgency clause. However, the Apex Court held that there is no reason to quash the notification under Section 4. Respondents were permitted to proceed from that stage and to conclude the acquisition proceedings afresh after holding enquiry under Section 5-A of the Land Acquisition Act.;