- (1.) THE petitioner has questioned the validity of the acquisition proceedings initiated by the respondents for the acquisition of land of Plot No. 198, Area 0.101 Hectare, situate in village-Khanpur, Pargana Dankaur, Tehsil Sadar, Gautam Budh Nagar, which has been acquired by the respondents for planned industrial development under the provisions of Section 4 read with Section 17 and Section 6 of the Land Acquisition Act, 1894.
(2.) WE have heard Sri Shashi Nandan, learned Senior Counsel, assisted by Rajesh Kumar, for the petitioner, learned Standing Counsel Sri Neeraj Upadhyay for the Respondent Nos. 1, 2 and 7 and Sri Pradeep Kumar for the Respondent Nos. 3 to 6. A short-counter-affidavit has been filed on behalf of Respondent Nos. 3 to 6 and in view of the issues raised in the petition, the Court had summoned the original records which have been tendered before the Court by the learned Stand­ing Counsel and have been perused by us. It has been urged by all the learned Counsels that in view of the arguments advanced and the records that are already available, there would be no necessity for inviting any further Affidavits and, there­fore, we are proceeding to dispose of the matter finally with the consent of par­ties.
(3.) THE facts, which have led to the filing of this writ petition, lie in a very narrow compass. Briefly stated, the Notification under Section 4 of the Act was issued on 31.1.2008 which was published in newspapers on 8.2.2008. This noti­fication contains recital of invoking of the provisions of Section 17 (1) and 17 (4) of the Land Acquisition Act thereby dispensing with the inquiry under Section 5-A. The notification under Section 6 was issued after 6 months on 30.6.2008 which was published in the newspapers on 12.7.2008. This was followed by a Section 9 Notice on 25.7.2008. It is undisputed that the land falls within the notified area of Greater NOIDA and the land was sought to be acquired for the purposes of planned Industrial Development.;