D.S. Sinha, J. - (1.) HEARD Sri Rnjesh Ji Verma learned Counsel appearing for Sudhar Samiti Gagan Vihar, Gagan Vihar, Bhopura. Ghaziabad through its Secretary. Sri V. M. Sahai, learned Counsel appearing for the Respondent Nos. 1 and 2 and Sri A. N. Shukla, learned standing counsel representing the Respondent Nos. 3 and 4.
(2.) FOR the purpose of providing residential colony to the general public under Planned Development Scheme by Ghaziabad Development Authority, Ghaziabad, the appropriate Government initiated proceeding under the provisions of Land Acquisition Act, 1894, hereinafter called the Act. and issued Notification dated 23rd February, 1991 under Section 4 of the Act. The notification stated that in the opinion of the Rajyapal, provisions of Section 17(1) of the Act were applicable to the land sought to be acquired as the land was urgently required for the purpose of providing residential colony, as aforesaid, and making enquiry as contemplated by Section 5A of the Act would cause delay. Therefore, the Rajyapal, exercising powers under Section 17(4) of the Act, dispensed with application of the provisions of Section 5A of the Act depriving the persons aggrieved by the acquisition of opportunity to file objection. The notification under Section 4 dated 23rd February, 1991 was followed by the Notification dated 4th May, 1991 containing declaration under Section 6 of the Act. This notification also stated that as he was satisfied that the matter was urgent, the Rajyapal had directed the Collector, under Section 17(1) of the Act, to take possession of the land in question within fifteen day (sic) after the publication of notice under Section 9(1) of the Act notwithstanding (sic) fact that no award under Section 11 of the Act had been given.
(3.) THE possession of the land was taken on 31st May, 1991 as evident from the memo of possession appended to the counter -affidavit as Annexure -IV.;