O.P.Jain, J. - (1.) The above four writ petitions are being disposed of by a common judgment because the facts and the legal questions involved in them are identical. These writ petitions, which are a bunch of writ petitions, arise out of Land Acquisition proceedings and the prayer in each case is to quash the Notification under Section 4 (1) and under Section 6 ID of the Land Acquisition Act of 1894 (hereinafter called the Act). The facts are being stated with reference to Writ Petition No. 201 of 1998.
(2.) Kanpur Development Authority (K.D.A.) prepared an ambitious scheme for the plan development of Kanpur City and virtually a new City is to be established and, therefore, the scheme is known as "New Kanpur City". For the creation of New Kanpur City, the land is sought to be acquired in seven villages named in paragraph 8 of the counter-affidavit filed by K.D.A. for the first phase of the establishment of New Kanpur City, 511 hectares of land is required out of which 39 hectares of land belonging to the Gaon Sabha and 4 hectares declared surplus has been utilised and 468 hectares is to be acquired. The State Government has contributed 6.69 crores of rupees for payment of compensation and 22 crores of rupees is to be paid by the K.D.A. Notification dated 9th August. 1996 under Section 4 (1) of the Act was published in the Official Gazette on 7th September, 1996. It was published in Newspaper Swatantra Bharat on 19th December. 1996. Notification dated 17th December, 1997 under Section 6 (1) of the Act was published in Newspaper Swatantra Bharat on 19th December, 1997. Notification under Section 4 (1) of the Act is Annexure-1 and Notification under Section 6 (1) of the Act is Annexure-2 to the petition.
(3.) The petitioner is a Society, registered in the year, 1952 and was formed for providing land for the construction of houses to the weaker section and middle income group. The total number of the members of petitioner's society (Kanwar Sahkari Avas Samiti Ltd.) is 1233. The petitioner society purchased land through sale-deed and registered agreements in the year 1989 and onwards. It is stated by the Society that it has already allotted land to 987 members. It is further stated by the Society that K.D.A. has already given no objection certificate in the year 1989 and no objection certificate was issued by the ceiling authority in the year, 1992. The petitioner society has submitted a layout plan for the entire Scheme in 1991.;