K. J. Shetty, C. J. - (1.) PETITIONERS are the owners of a land measuring about 26 Bighas. It is situated in village Baraut Patti Baru, Pargana Baraut, in district Meerut. This land alongwith other lands measuring about 60 more Bighas is being acquired for construction of a market yard of Krishi Utpadan Mandi Samiti, Baraut.
(2.) ON July 29, 1986, a notification under sub-section (1) of section 4 of the Land Acquisition Act (called shortly " The Act ") was issued. The notification states that the Governor was satisfied that in view of the present urgency it was necessary to eliminate the delay likely to be caused by an enquiry under section 5-A of the Act, and consequently the Governor was pleased to direct under subsection (4) of Section 17 that the provision of section 5-A of the Act shall not apply to the proposed acquisition. ON October 24, 1986 the declaration under section 6 of the Act was issued. The petitioners have challenged the validity of the acquisition in particular, the legality of dispensing with the requirements of the provision of section 5-A of the Act. The case of the petitioners is that there is absolutely no urgency for acquisition by eliminating the enquiry contemplated under section 5-A of the Act. They have inter-alia alleged. Krishi Utpadan Mandi Samiti has been contemplating to acquire this land ever since 1982. In 1984, it had taken proceedings to acquire the said land, but the notification issued thereon was withdrawn in view of the challenge made by these petitioners in Writ Petition No. 3994 of 1985. Petitioners' land has been converted into eucalyptus grove where there are about 76,000 eucalyptus plants. Since the matter has been under consideration, at any rate from 1984, the Government ought to have followed the procedure prescribed under section 5-A of the Act, by giving an opportunity to the petitioners to put forward their objections against the proposed acquisition.
(3.) IN the counter affidavit filed on behalf of Krishi Utpadan Mandi Samiti, the averments of the petitioners regarding the number of eucalyptus plants have been denied. IN regard to the urgent need to acquire the land, it has been stated :- " IN the town of Baraut the existing Mandi is located in such a congested place that there is no place for parking, storing goods etc. On account of truck traffic it is hazardous to the public. The purchasers, producers, sellers and traders are feeling unsurmounting difficulty in bringing the goods in the market yard. Roads are uneven. There is lot of mud. During rainy season it is practically impossible to have access to the existing market yard and it is an urgent scheme. World Bank has also given loan to the State of U. P. for construction of the market yard and it is most useful and welfare scheme to ameliorate the difficulties experienced by the producers who bring their produce in the market yard. " IN para 17 of the counter affidavit it has been further stated :- " The land in dispute is most suitable for construction of the market yard. It was selected by the Committee consisting of very senior officers as mentioned in the preceding paragraph. The Government was fully satisfied about the urgency as the existing market yard is inconvenient to transact business and acquisition is under the planned development scheme. Mandi Samiti has got funds to raise market yard at the earliest and further on account of delay there is price spiral in respect of the land aswell as building material. Further, there is acute paucity of godown. Existing market is in congested place and there is no parking place. Even the roads are in rotten condition and during rainy season there is accumulation of filth and it becomes impossible to have access to the existing market yard where business regarding grains, Gur, Khandsari etc. is transacted. " It was then stated :- " The congestion is so acute that it is creating difficulties hence needs to shift the trade from the densely populated area to an open place where the business of sale and purchase can be carried on comfortably. IN the existing market there are no places for sitting of the producers, parking of the vehicles and even ordinary facilities regarding water, sanitation etc. are not proper. Therefore, it causes immense inconvenience to the people dealing in sale and purchase aswell as to the consumers. Therefore, there was ample justification for the Government to dispense with the proceedings under section 5-A of the Act. " It may be noted that the petitioners are the only persons aggrieved by the acquisition. They are the owners of 26 Bighas. The total extent of land sought to be acquired for the market yard is 88 Bighas. The owners of other lands have no grievance. The Krishi Utpadan Mandi Samiti has already deposited Rs. 24,65,418.27 with the Acquisition Officer, towards the compensations payable to the owners. The persons other than the petitioner might have withdrawn the two-thirds of their compensation.;