- (1.) These writ petitions (except Civil Misc. Writ Petition (PIL) No. 8968 of 2008) have been filed by the farmers of district Ghaziabad, State of Uttar Pradesh challenging the acquisition of their good agricultural land by the State of Uttar Pradesh for a Company (respondent No. 2). By two successive acquisition proceedings, first by issuing notification dated 11th February, 2004 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and second by issuing notification dated 29th August, 2006 under Section 4 of the Act, huge area of agricultural land measuring about 2500 acres was sought to be acquired for a power project to be established by the Company (respondent No. 2).
(2.) The above writ petitions can be categorises in four groups. The first group of writ petitions are Writ Petition No. 55578 of 2008 (Pooran and Ors. v. State of U.P. and Ors.) and other connected writ petitions which challenge both the acquisition proceedings, i.e., acquisition proceeding initiated by issuing notification dated 11th February, 2004 under Section 4 of the Act and the acquisition proceeding initiated by issuing notification dated 29th August, 2006 under Section 4 of the Act. The second group of writ petitions are Civil Misc. Writ Petition No. 14254 of 2008 (Kanti v. State of U.P. and Ors.) and other connected writ petitions, which challenge the land acquisition proceeding initiated by issuing notification dated 11th February, 2004 under Section 4 of the Act. The third group of writ petitions are Civil Misc. Writ Petition No. 12014 of 2008 (Babu Singh and Ors. v. State of U.P. and Ors.) and other connected writ petitions which challenge the acquisition proceeding initiated by issuing notification dated 29th August, 2006 under Section 4 of the Act and the declaration dated 20th February, 2007 issued under Section 6 of the Act. The fourth group of writ petition is Civil Misc. Writ Petition (PIL) No. 55548 of 2008 (Vishwanath Pratap Singh and Ors. v. State of U.P. and Ors.), which is a public interest litigation challenging both the land acquisition proceedings initiated by issuing notifications under Section 4 of the Act dated 11th February, 2004 and 29th August, 2006.
(3.) The background facts giving rise to these writ petitions, briefly noted, are; Reliance Delhi Power Private Limited, a private registered company within the meaning of Companies Act, 1956 made an application on 19th January, 2004 to the Chief Secretary of the State of U.P. expressing its interest in setting up of 3000-3500 MW Gas Based Thermal Power Station in Tahsil Hapur, District Ghaziabad. On the same day another letter dated 19th January, 2004 was submitted before the Collector by the Reliance Delhi Power Private Limited praying acquisition of 2500 acres of land in villages Baharmandpur, Jadonpur, Nand Lal Pur, Bajhera Khurd, Kakarana, Dhaulana and Dehra, Pargana Dasna, Tahsil Hapur, District Ghaziabad. The application was appended with relevant certificates and declarations for acquisition. The Additional District Magistrate submitted a report before the Collector, Ghaziabad for forwarding proposal of acquisition to the Director, Land Acquisition. The report noted that the Company has also deposited 10% acquisition charges and 10% estimated compensation. The Collector on 24th January, 2004 forwarded the acquisition proposal received from the Company to the Director, Land Acquisition, Board of Revenue, Lucknow. The Director after examining the proposal received from the Collector wrote a letter to the Principal Secretary (Energy) on 28th January, 2004 for taking steps for issuance of notification under Section 4(1) read with Section 17 of the Act according to the procedure prescribed in Part-VII and VIII (Sections 38 - 55) of the Act. The letter of the Director, Land Acquisition was examined by the Energy Department of the State and a note was submitted that approval of Bhumi Upyog Parishad be obtained. The Principal Secretary, Niyojan Vibhag submitted a proposal that Reliance Delhi Power Limited being a private company, the proceedings of land acquisition be taken in accordance of Part VII (Sections 38 to 44B) of the Act for acquisition of 903.568 hectares of land, which was approved by the Chief Minister on 31st January, 2004. After getting the approval of the Revenue Department, the notification under Section 4(1)/17 of the Act dated 11th February, 2004 for acquisition of 903.449 hectares of land for a public purpose, namely, for setting up Gas Based Thermal Power Station and Energy Research and Development Institution was issued. Section 17(4) was invoked for dispensing inquiry under Section 5A of the Act. A draft agreement under Section 41 of the Act was submitted by the Reliance Delhi Power Limited, which after the approval by the Hon'ble the Chief Minister, was executed on 19th February, 2004 between the Governor of U.P. and Reliance Delhi Power Private Limited. On 3rd March, 2004 an application by the Reliance Delhi Power Private Limited for additional land of 2500 acres for increasing the capacity of plant from 3000 MW to 7000-8000 MW was moved, however, subsequently the request for additional acquisition of 2500 acres of land was given up. A draft State Support Agreement was submitted by the Company to the Government in which several concessions and demands were made by the Company from the State Government. The request made in draft State Support Agreement was examined. A letter dated 2nd April, 2004 was written by the Collector, Ghaziabad stating that the acquisition proposal was sent to him on the request of the Company who had also deposited 20% of compensation but the notification issued under Section 4 of the Act by mistake does not mention the name of the Company, which may be examined. The Special Secretary (Energy) wrote that for acceding the demands made by the Company the Power Policy of the State needs to be amended. The amended Power Policy was approved by the Cabinet on 8th June, 2004 which provided several further benefits to the Company including that the State shall bear 60% of cost of acquisition. The State Support Agreement was executed on 16th June, 2004 incorporating several clauses beneficial to the Company including new concessions and benefits and sharing of the cost to the extent of 60% by the Government. After execution of the State Support Agreement the declaration under Section 6 was issued on 25th June, 2004. In November, 2004 the State Government claimed to have taken possession of the land. The farmers were asked to enter into an agreement under the U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997 and receive compensation. Large number of farmers signed the agreement and received compensation. The compensation was offered at the rate of Rs. 150/- per square yard.;