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JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10.20... Page 63 of 197http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do10/21/2011Vs. State of U.P. and others), petitioners have challenge the Notification dated 17.6.2003 issued under Section 4read with Section 17(1) and 17(4) of the Land Acquisition Act for acquiring 56.567 hectares of land, situated invillage Jhatta, District Gautambudh Nagar. Declaration under Section 6 was issued vide notification dated21.7.2003. Petitioners who are 39 in number claim to be owner in possession of the plots as mentioned in theparagraph 4 of the writ petition, same grounds have been taken as was taken in Civil Misc. Writ Petition No.47257 of 2011. An application has been filed by the petitioners for deleting the name of the petitioner Nos. 27,28and 29 from the array of the parties, which is allowed and aforesaid petitioners are deleted from the parties. In thecounter affidavit filed by the State Government, it has been stated that possession of the land was taken on10.9.2003 and out of 51 tenure holders, 48 tenure holders have received compensation. Award was also declaredon 17.12.2007. Writ petition has been filed with delay. In the counter affidavit filed by the authority, same plea hasbeen repeated. It has been denied that the petitioners are in possession of the land. It has been stated that therewas no colourable exercise of power in the acquisition. Land has already vested with the State Government, itcannot be reverted back to the original owners.The writ petitions in Group-51 relates to village Khoda, Pargana Loni, Tehsil Dadri, (Sadar) District Gautam BudhaNagar. Writ Petition No. 45196 of 2011 Rampat and others Versus State of U.P. and others, counter affidavit hasbeen filed by the respondents-authority, which is being treated as leading writ petition. Petitioners havechallenged the Notification dated 17.3.1988 under Section 4 read with Sections 17(1) & 17(4) of Land AcquisitionAct. Declaration under Section 6 of the Land Acquisition Act made vide notification dated 11.7.1988. Petitionersclaim to be owner in possession of Bhoomidhar of plot as mentioned in paragraph no. 3 of the writ petition.Petitioners allege that invocation of the urgency was not justified. Respondents have illegally changed thepurpose of acquisition. Respondent No.3 is making huge profit. Acquisition have lapsed under Section 11-A of theLand Acquisition Act. Counter affidavit has been filed by the respondents-authority wherein it has been stated thataward was declared on 1.2.1991 and against the award, petitioners have already filed an application for referencebeing LAR No. 563 of 1998 for enhancement of compensation. It is stated that writ petition is filed in-ordinatedelay, and same is liable to be dismissed on this ground alone. Other writ petitions of this group challenges samenotification on more or less similar grounds. Civil Misc. Writ Petition No. 45224 (Preetam and others Vs. State ofU.P. and others) challenges the Notification dated 12.2.1988, issued under Section 4 as well as Notification dated27.3.1990 under section 6 of the Land Acquisition Act. Counter affidavit has been filed by the respondentsauthorityin which it has been stated that award has been declared on 1.2.1991. It is further stated that VillageKhoda, Pargana Loni, Tehsil Dadri, (Sadar) District Gautam Budha Nagar is well developed village. Writ petitionhaving been filed with in ordinate delay, same is liable to be dismissed on this ground alone.The writ petitions in Group-52 relates to village Kondli Banger, Post Office Kasna, District Gautambudh Nagar. InWrit Petition No. 49093 of 2011 (Beliram Vs. State of U.P. and others), counter affidavit has been filed byauthority which writ petition is being treated as leading writ petition. In the present writ petition, petitioners haveprayed for quashing of the notification dated 8.9.2008 issued under Section 4 read with Section 17(1) & 17(4) ofLand Acquisition Act for acquiring 215.83 hectares of land situated in village Kondli Banger, Post Office Kasna,District Gautambudh Nagar. Declaration under section 6 of the Land Acquisition Act was made vide notificationdated 16.9.2009. Petitioner's case is that they are Bhoomidhar in possession of Plot No. 206. It is stated thatsome plot of village have not been acquired due to the reason that abadi exist there, whereas petitioner has beendiscriminated. Urgency clause was invoked without application of mind. Petitioner submitted that there beingdelay of more than one year in issuing of Notification under Section 6 of the Land Acquisition Act. Ground ofurgency is falsified. Counter affidavit has been filed by the authority in which it has been sated that notificationunder Section 4 dated 8.9.2008 was published in two daily prominent daily news paper namely "RashtriyaSahara" and "Amar Ujala" on 15.8.2009 and Munadi was made on 21.8.2009. Declaration under Section 6 of theLand Acquisition Act was made vide notification dated on16.9.2009. Petitioner submitted in paragraph no. 13 ofthe counter affidavit it has been mentioned that publication of Section 6 of the Act having been made after aboutone year which clearly indicated that invoking of urgency was misused. It is submitted that publication in the newspaper on 15.8.2008 and Munadi on 21.8.2009 was made to facilitate the issuance of Section 6 of the LandAcquisition Act.In Civil Misc. Writ Petition No. 40265 of 2011(Sunil Kumar Vs. State of U.P. and others) notification dated8.9.2008 and 16.9.2009 has been challenged. It has been stated that notification under Section 6 of the LandAcquisition Act was issued nearly after passing of one year, which shows that there was no urgency and urgencyhas wrongly been invoked. Counter affidavit has been filed by the State Government in which it has been statedthat Notification under Section 4 of the Land Acquisition Act dated 8.9.2008 was published in two local newspaper "Amar Ujala" on 15.8.2009 and notice for general information was issued on 21.8.2009 and thereafterdeclaration under Section 6 was issued on 16.9.2009. Award has been made on 14.9.2011 and to the similareffect counter affidavit has been filed by the authority.