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eLegalix - Allahabad High Court Judgment Information System ...

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JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at <strong>Allahabad</strong> Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShow<strong>Judgment</strong>.doPage 103 of 19710/21/2011account of acquisition of the land there would be Industrial Development in the area which would accommodateyouths of the village who would all be getting employment therein and that taking away of their agricultural lands,would not financially effect them. The petitioners were further informed that on such acquisition being finalized theland belonging to the petitioners would be allotted to the Industrial interpenors, on understanding that they wouldbe employing the youth of the village and that no body was to remain unemployed and there would be industrialdevelopment in the area.31. That, it has now come on record that it is for the benefit of certain individual that the large population offarmers and entrepreneurs are put to sword and are mad to suffer on account of malice of the respondents. In thiscontext it may not be lost sight that various farmers and entrepreneurs have lost their land and although they havebeen paid some compensation but the said compensation could not be equated with an alternative arrangementfor a recurring source of income. It is a matter of common knowledge that on account of such acquisition anddepriving the local youth in meaningful activity of engaging themselves in some business including business inindustrial sector, the local youth is finding its future rudderless and are now frequently engaging themselves incriminal activities and that it is for this reason that murders ad kidnapping etc. galore in that part of the world.Planned development 'of the society' should be matter of concern for the State and not benefit of 'certainindividuals.' The acquisition proceedings result in pocketing of huge profits in the limited few by depriving the bulkof population either of their residential abode or their source of livelihood. Averments relating to advancements,development and such other 'colourful phrases' is in effect of camouflage and is a false perspective ofdevelopment. It may be noticed that the acquisition of petitioners land would not only deprive them of theirproperty and business but also result in depriving the person who have been working with the petitioners of theirright of livelihood."In Writ Petition No.45672/2011, Adesh Choudhary and Ors Vs. State of U.P. & Ors, one more ground was takenfor approaching the <strong>Court</strong>. Following was laid down in paragraph 19:-"19. That the petitioners wish to bring to the notice of this Hon'ble <strong>Court</strong> news item dated 7.8.2011 published inthe daily newspaper 'Dainik Jagran' in which it has been reported that the land owners of village Patwari havebeen awarded an additional compensation of Rs. 550/- per sq. yards of their land; and it has been further reportedthat the land of village Tusiyana along with land of other villagers have been allotted to the private builders byrespondent no.3 for developing residential colonies. The petitioners submit that the action of respondent no.3 intreating the petitioners differently is arbitrary, illegal and violative of the fundamental rights guaranteed to thepetitioners under article 14 and 19 (1) (g) of the Constitution of India. A photocopy of the news item dated7.8.2011 is being filed and marked as Annexure no.4 to this writ petition."In Writ Petition No.37119/2011, Dal Chand & Ors. Vs. The State of U.P. & Ors, the petitioners have also come upwith the case that the acquisition of land was made for Planned Industrial Development through the Authority, butthe authority has transferred the land to private builders by various lease deeds executed in the year 2010 and2011. Details of various lease deeds granted by the Authority in favour of private builders have been made inparagraphs 12 to 17. Petitioners have further submitted that the lease deeds clearly reveal that the land of thepetitioners in Village Roja Yakubpur is not to be used for Planned Industrial Development, hence the land berestored back to the petitioners. More pleadings have been made in paragraph 27. It was further pleaded inparagraph 31 that the petitioners were under bonafide impression that their land of Village Roja Yakubpur will beutilised for Planned Industrial Development and when they came to know that the same is being transferred toprivate respondents they have approached to this <strong>Court</strong> and the delay caused is neither deliberate nor intentional.It is useful to quote the pleadings made in paragraphs 7, 8, 12, 31 and 32:-"7. That the purpose for which the land of petitioners is sought to be acquired as per the notifications is PlanIndustrial Development through the Authority which, on the face of it, is incorrect and is, in fact, a camouflage. Itmay be stated here that State Government wrongly and illegally mentioned in the notification that the land is beingacquired for Plant Industrial Development through the Authority while, in fact, the land is sought to be acquired forthe purposes of transferring the same to private builders (in the present case respondents No.3 to 8) forconstruction residential colonies/flats. Thus the entire exercise which has been done is colourable exercise ofpowers and on this ground alone the impugned notifications and acquisition proceeding pursuant thereof, areliable to be quashed.8. That it is significant to note that since 2006 no steps whatsoever have been taken by Respondent-Authority formaking Plan Industrial Development on the land in question inasmuch as the land of petitioners was acquired onnominal payment of compensation to them and in the acquisition proceeding urgency provision was invoked butthe land throughout remained in possession of petitioners and they are still in possession thereof.

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