B. D. Agrawal, J. - (1.) THIS petition under Article 226 is directed against notifications dated May 20, 1982, and May 21, 1982, issued by the State Government under the provisions of the Land Acquisition Act, 1894, (hereinafter referred to as the Act).
(2.) FACTS need be stated in some detail because the case has a chequered history. Plot no. 289 (3 bighas 14 biswa) situate in village Kukra, district Muzaffarnagar, was purchased by the petitioners on June 7, 1978, through a registered deed of sale for consideration of Rs. 99,000/- for the purpose of raising residential colony. Sub-plots were carved out and some of those transferred by sale to others during November and December, 1978. Krishi Utpadan Mandi Samiti, Muzaffarnagar initiated acquisition for the construction of Market Yard and notification was issued under section 4 (1) of the Act accordingly covering 80 acres of land on March 20, 1975. By another notification of the State Government dated August 30, 1975 this was rescinded and a fresh notification was issued under section 4 (1) dated October 20, 1975 for 60 acres of land which did not include plot no. 289 in dispute. Market Yard was constructed in a portion of the land thus acquired including certain shops and godowns etc. by the Mandi Samiti. During the process of construction need was felt for larger area. This led to the notification dated October 26, 1978 under section 4 (I) read with section 17 (4) in respect of land covering the area of 19.47 acres including plot no. 289. This notification was followed by notification made under section 6/17 (1) dated October 27, 1978. Possession was taken in pursuance thereof by the Mandi Samiti on January 2, 1979. Validity of these two notifications was challenged by the petitioners in so far as plot no. 289 is concerned in Writ Petition No. 163 of 1979 on the ground inter alia that there was no case of urgency to dispense with enquiry under section 5-A of the Act. The petition was allowed in its entirety by a Division Bench of this Court on September 6, 19 9. Both the notifications dated 26th and 27th October, 1978 were quashed in respect of plot no. 289. The Mandi Samiti filed an appeal in the Supreme Court being registered as Civil Appeal No. 2970 of 1979 which was allowed in part by the Supreme Court on October 22, 1979. It was affirmed that enquiry under section 5-A had been wrongly dispensed with by the State Government but that this Court was not right in having set aside the notification under section 4 (1) read with section 17 (4) in its entirety. That notification could be set aside, it was pointed out, in so far only as it dispensed with proceedings under section 5-A Following this decision of the Supreme Court, proceedings were held under section 5-A and the Land Acquisition Officer gave his report dated January 20, 1981. He considered the objections raised by the petitioners and also their transferees in respect of plot no. 289 and expressed the view that it was not necessary to acquire plot no. 289 for the purpose of Mandi Samiti even in case the Mandi Samiti expanded its activities in the future. On November 20, 1981, it appears, the Mandi Samiti issued notification contemplated under section 7 (2) (b) of the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 thereby requiring the traders and the dealers to shift to the Market Yard. Against this notification Gur, Khandsari and Grain Merchants Association, Muzaffarnagar filed Writ Petition No. 1318 of 1982 under Article 32 of the Constitution before the Supreme Court. The petition was decided on March 2, 1982. The Supreme Court recorded the undertaking advanced on behalf of the Mandi Samiti to the effect that 120 shops shall be raised within a period of 6 months from the date of the decision and the shifting to the new Market Yard will take place only upon these shops being constructed. The State Government followed this up by issue of a fresh notification under section 4 (1)/17 (4) of the Act dated May 20, 1982 to acquire 19.47 acres of land including plot no. 289. Enquiry under section 5-A was dispensed with thereunder. The notification recites that the public purpose is the construction of Market Yard under the Planned Development Scheme and the raising of the shops in terms of the judgment of the Supreme Court dated March 2, 1982. The notification under section 6/17 (1) (1-A) was issued with the same declaration by the State Government on May 21, 1982.
(3.) AGGRIEVED against these two notifications the petitioners have filed this petition on June 25, 1982 seeking writ of certiorari to quash these notifications and also mandamus directing the respondents not to give effect to them and to restore possession of plot no. 289 to the petitioners. The question raised is whether in the facts and circumstances of the case the enquiry under section 5-A of the Act could have been legitimately dispensed with. Sri B. D. Agarwal, assisted by Sri R. P. Goyal, learned counsel appearing for the petitioners, urged that this is an act of bad faith on the part of the concerned authorities. The decision to that effect, it was added, proceeds upon oblique motive and was designed to circumvent the decision of the Supreme Court and is irrational. For the Mandi Samiti Sri B. D. Mandhayan sought to support the notifications impugned laying emphasis upon the need for additional land to raise shops in the Market Yard.;