SATENDRA PRASAD JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns the judgment and order of the Allahabad High Court dismissing the writ petition filed by the appellants.

(3.) The appellants were the owners of land admeasuring approximately 29 bighas situated in Patti Baru, Baraut in Meerut district in the State of Uttar Pradesh. A notification under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") in respect of the said land was issued on 29th July, 1986. The acquisition was purpoted for the planned development and construction of the Mandi of the Agriculture Market Produce Samiti, Baraut. The notification stated that, in view of the urgency of the public purpose, S. 17(4) of the said Act was applied and the provisions of S. 5A were dispensed with. On 24th October, 1986 the S. 6 declaration was issued which applied to the said land the provisions of S. 17(1). It stated that the Collector of Meerut could, though no award under S. 11 had been made, on the expiration of fifteen days from the date of publication of the notice under S. 9(1), take possession of the said land. The S. 9(1) notice was published on 2nd December, 1986. The appellant impugned the acquisition proceedings by filing a writ petition in the Allahabad High Court (being Writ Petition No. 1841 of 1986). The same was dismissed by a Division Bench on 19th January, 1987. The judgment upheld the acquisition proceedings. It found that there was urgency in the public purpose for which the said land was acquired and that the Krishi Utpandan Mandi Samiti (the third respondent before us) had the means to construct the market yard and godowns. On 27th February, 1987 the possession of the land was taken by the first and second respondents from the appellants and handed over to the third respondent. A Special Leave Petition filed before this Court by the appellants against the ,aforementioned judgment and order of the Allahabad High Court was dismissed on 19th April, 1987.