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JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10.20... Page 61 of 197http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do10/21/2011measuring 10951.98 Sq. Meter was allotted to M/s Anushriya Infotech Pvt. Ltd. for development of form house onagricultural land. Petitioner case is that land was acquired for planned Industrial Development and on Plot No. 183there is abadi of the petitioner. Petitioner submitted that an application dated 14.9.2007 had been moved beforeSub Divisional Officer for declaring the land as non agricultural. Petitioner has filed objection before the AdditionalDistrict Magistrate praying that petitioner's plot No. 183 in which he is owner 1/7th share be kept out of theacquisition. Petitioner's case is that Revenue Officer has written letter dated 24.11.2008 to the Additional DistrictMagistrate for transfer of possession of 17.415 Hectares of land of Village Asgarpur Jagir except the land whichwas mentioned in the schedule. Petitioner's case is that area of 0.69A hectares was mentioned in the scheduled,copy of which has been filed as Annexure-18 to the writ petition. Petitioner has stated that urgency clause hasbeen wrongly invoked by the State Government. In the supplementary affidavit, petitioner has brought on record,the lease for development of form house. Counter affidavit has been filed by the authority stating that writ petitionis barred by the laches. Possession of the land has been taken on 16.1.2009. It has been stated that since therewere 155 tenure holders, hearing their objection would have taken much time, hence urgency clause wasinvoked. It has been stated that possession of Plot No. 183 has not been taken.The writ petition in Group-45 relates to village Badoli Bangar, Pargana Dankour, Tehsil Sadar, DistrictGautambudh Nagar. In Civil Misc. Writ Petition No. 38057 of 2011 (Ratan Vs. State of U.P. and others), counteraffidavit has been filed both by the State Government as well as respondents- authority, which writ petition isbeing treated as leading writ petition. By this writ petition, petitioner challenges the notification dated 7.11.2007issued under Section 4 read with Section 17(1) and 17(4) of the Land Acquisition Act for acquiring 234.448hectares of land situated in village Badoli Bngar. Declaration under Section 6 of the Land Acquisition Act wasmade vide notification dated 9.5.2008. Petitioner's case is that petitioner is Bhoomidhar in possession of Plot No.421 on which he has constructed his house. Petitioner's case is that he having using the land as abadi, samedeserved to be left out of the acquisition. Petitioner's case is that inquiry under Section 5-A of the Land AcquisitionAct was dispensed with without there being any urgency in the matter. According to Section 11-A of the LandAcquisition Act, acquisition has lapsed, since no award has been issued. Petitioner's case is that proposal wassubmitted on 24.11.2005 but the notification was issued only in November, 2007 which also shows that that therewas no urgency, no compensation has been received by the petitioner. Counter affidavit has been filed by theState Government stating therein that possession was taken on 2.6.2008. Out of 188 tenure holder, 149 tenureholders have received compensation. Award has also been declared on 19.9.2011. It is stated that in Plot No.421, no abadi was found in the survey. There was sufficient material on the record to invoke urgency clause. Inthe counter affidavit filed by the authority, plea raised in the counter of State Government have been reiterated.The authority has developed the village Badoli Bangar and spend huge amount on the development ofinfrastructure. More than Rs. 62 Crores has been spend on the development. Petitioner's case is that no allotmenthas been made in this village nor any development has taken place. Other writ petitions of this group raises moreor less similar grounds to challenge the notification which needs no repletion.The writ petition in Group-46 relates to village Basi Brahauddin Nagar, Pargana Dadri, Tehsil Dadri, DistrictGautambudh Nagar. In Civil Misc. Writ Petition No. 44492 of 2011 (Manoj Yadav and others Vs. State of U.P. andothers) counter affidavit has been filed both by the State and the authority, which writ petition is being treated asleading writ petition. By this writ petition, petitioners have prayed for quashing the notification dated 12.4.2005issued under Section 4 read with Section 17(1) and 17(4) of the Land Acquisition Act for acquiring 145.849hectares of land situated in village Basi Brahauddin Nagar. Declaration under Section 6 of the Land AcquisitionAct was made vide notification dated 6.10.2005. Petitioners' case is that possession of petitioners is there on partof Khasra No. 373. Petitioners plead that some of the plot of village in question have not been acquired onaccount of existence of abadi whereas petitioners has been discriminated since their plot having the abadi, havenot been released. There was no urgency for invoking Section 17(4) of the Land Acquisition Act. Petitioners claimthat no notice has been served under Section 9 of the Act, the acquisition have lapsed under Section 11-A of theAct. Counter affidavit has been filed by the State Government in which it has been stated that possession hasbeen taken on 30.12.2005. Out of 1265 tenure holders, 752 tenure holders have received compensation. Awardhas also been declared on 29.12.2010. Writ Petition suffers from delay and laches. There was sufficient materialfor invoking urgency clause under Section 17(4) of the Land Acquisition. Counter affidavit has been filed by theauthority repeating the plea taken by the State Government in its counter affidavit. It has been further stated thatdevelopment work has been carried out and the area in question has been demarcated as Sector No.67,68, and73. It has been stated that allotment have been made to private individuals for Industrial use and Institutional use.Petitioners are not in possession of the land. Writ Petition No. 46688 of 2011 (Mukesh Vs. State of U.P. andothers) raises more of less similar ground which needs no repetition.The writ petition in Group-47 relates to village Chaprauli Bangar, Pargana Dadri, District Gautambudh Nagar.There is only one writ petition being Civil Misc. Writ Petition No.43392 of 2011 (Bhushan Singh and others Vs.State of U.P. and others). Petitioners have challenged the notification dated 21.7.2003 issued under Section 6