S.U.KHAN, J. - (1.) THE petitioner is a Senior Advocate practicing in Supreme Court of India. By this writ petition he is enforcing his legal and consti­tutional rights under Art. 226 of the Constitution of India, to quash the acquisition of large area of land (373.218 hectrs.) by the Government of Uttar Pradesh for Greater Noida Industrial Development Authority (GNIDA), including a farm house purchased by him in Khasra Plot No. 160 (area 0.7830 hectrs. equivalent to 3 bigha 1 biswa and 80 biswansis) in Village Tushiana, Pargana & Tehsil Dadri, Distt. Gautam Budh Nagar. He is recorded as tenure holder of the land in Khatauni (records of title) of the year 1409-1414F. (2002-2007 A.D.). The challenge to the powers of 'eminent domain' by the State is on the grounds that there was no public purpose and in fact no need at all for acquisition of the land. The invocation of urgency clause in the Land Acquisition Act, 1894 (the Act) dispensing with the enquiry under Section 5A and under Section 17 (4) of the Act, in the proposal to acquire the land under Section 4 of the Act was mechanical exercise of executive power without application of mind, to the need to dispense with the right of hear­ing given to the affected persons under Section 5-A of the Act.
(2.) THE petitioner has raised constructions in small portion of the land sur­rounded by 8' high boundary wall. He has constructed a pump house and store, and has planted ornamental flowers and fruit bearing trees. He is living in House No. 355, Sector 15-A, NOIDA and is using the property for pleasure. He was informed by the Town Planner of GNIDA in the letter dated 10.10.2001 allowing his application dated 15.9.2001 for construction of boundary wall; temporary con­struction of pump house and store that if the land is acquired, he will not be entitled to any compensation for these constructions. The notification under Section 4 (1) read with Section 17 (4) of the Land Acquisition Act (in short the Act) was published by the State Government on 10.4.2006 proposing acquisition of large number of plots in Village Tushiana, Pargana and Tehsil Dadri, Distt. Gautam Budh Nagar with total area of 379.001 hectrs. including the petitioner's plot No. 160 (area 0.7830 hects.) for “planned industrial development”. In para 2 of the notification dated 10.4.2006 the Governor of Uttar Pradesh, expressed its opinion: “The Governor, being of the opinion that the provisions of sub-section (1) of Section 17 of the said Act, are applicable to said land inasmuch as the said land is urgently required, for the planned industrial development in dis­trict Gautam Budh Nagar through Greater Noida Industrial Development Au­thority and it is as well necessary to eliminate the delay likely to be caused by an inquiry under Section 5A of the said Act, the Governor is further pleased to direct under sub-section (4) of Section 17 of the said Act that the provision of Section 5A of the said Act shall not apply.”
(3.) THE notification under Section 6 read with Section 17(1) of the Act acquir­ing the land, following the notification under Section 4 of the Act proposing to acquire the land in public purpose, was made on 30th November, 2006 acquiring 373.218 hectrs. of land out of 379.001 hectrs. proposed to be acquired. By this notification the Governor of U.P. declared: “NOTIFICATION No. 6330/77-4-06-133N/05 Lucknow: Dated 30th November, 2006' In continuation of Government notification No. 6486/77-4-2005-133N/05, Dated 10th April, 2006 issued under subsection (1) of section 4 and sub­section (4) of Section 17 of the Land Acquisition Act, 1894 (Act No. 1 of 1894) and lastly published by giving public notice on 26.4.2006 the Governor is pleased to declare under Section 6 of the said Act that he is satisfied that the land mentioned in the Schedule below is needed fora public purpose, namely for the planned industrial development in District Gautam Budh Nagar through Greater Noida Industrial Development Authority and under Section 7 of the said Act to direct the Collector of Gautam Budh Nagar to take order for the acquisition of the said land. 2. The Governor, being satisfied that the case is one of urgency is further pleased under sub-section (1) of Section 17 of the said Act to direct that the Collector of Gautam Budhnagar, though no award under Section-11 has been made, may, on the expiration of fifteen days from the date of publication of the notice mentioned in sub-section (1) of Section-9, take possession of the land mentioned in the Schedule, for the said public purpose.” District Pargana Tehsil Village Plot No. Area to be Acquired (in Hects.) 1. 2. 3 4 5 6 Gautam Budh Nagar Dadri Dadri Tusiyana - (As per schedule enclosed 373.218 Hects. ;