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JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10.20... Page 88 of 197http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do10/21/2011into simple housing development scheme performing the job of the development authorities and Nagar Nigams.Following was laid down in paragraph 30 of the said judgment:-"13. We are of the view that once the land was acquired and taken over by the requiring body for the purposes ofindustrial development, then it can be public or commercial and residential accommodation connected with thesaid industrial development but it cannot enter into simple housing development scheme performing the job of thedevelopment authorities and Nagar Nigams etc., which are authorised under the U.P. Urban Planning andDevelopment Act, 1973 and other similar Acts."2. Whether Acquisition Compulsory:The next issue to be considered is as to whether it is compulsory and necessary for the Authority to acquire theland for carrying out the development as contemplated under 1976 Act. Section 6 of the Act provides for theobject of the Authority which is to secure the planned development of the industrial development area. SubSection (2) provides that without prejudice to the generality of the objects of the Authority, the Authority shallperform the following functions." (2) Without prejudice to the generality of the objects of the Authority, the Authority shall perform the followingfunctions :-(a) to acquire land in the industrial development area, by agreement or through proceedings under the Landacquisition Act, 1894 for the purposes of this Act;(b) to prepare a plan for the development of the industrial development area;(c) to demarcate and develop sites for industrial, commercial and residential purposes according to the plan;(d) to provide infrastructure for industrial, commercial and residential purposes;(e) to provide amenities;(f) to allocate and transfer either by way of sale or lease or otherwise plots of land for industrial, commercial orresidential purposes;(g) to regulate the erection of buildings and setting up of industries: and(h) to lay down the purposes for which a particular site or plot of land shall be used, namely for industrial orcommercial or residential purpose or any other specified purpose in such area."The functions provided in sub section (2) thus are not exhaustive but only enumerative. The object of the Act asprovided is for development of certain areas in the State into industrial and urban township. In the main writpetition No. 37443 of 2011 Gajraj Singh & others Vs. State of U.P. and others, Authority has filed its counteraffidavit. The stand of the Authority is clearly mentioned in paragraph 40 of the counter affidavit which is to thefollowing effect:" ..... It is also pertinent to mention that upon declaration of the industrial development area, which includes villagePatwari, the acquisition of land for the fulfillment of the legislative intent of 1976 Act was always imminent. Thenotification declaring the industrial development area which included the village Patwari was never challenged byany of the petitioners. It is also be borne in mind that when a new city is to be conceived and developed it canonly be developed on land which is acquired....."Sri Ravindra Kumar, learned counsel for the Authority has categorically submitted that for carrying out thedevelopment it is necessary to acquire land and it is only after acquisition of the land that development ascontemplated by 1976 Act is possible. Learned Counsel for the Authority has referred to Section 6(2)(a) as well asSection 7 . Section 7 of the Act provides as follows:"7. Power to the Authority in respect of transfer of land.-The authority may sell, lease or otherwise transferwhether by auction, allotment or otherwise any land or building belonging to the Authority in the industrialdevelopment area on such terms and conditions as it may, subject to any rules that may be made under this Actthink fit to impose."Section 2(e) defines "occupier" and Section 2(f) defines "transferee". Section 2(e) and 2(f) which have been usedin subsequent sections are quoted below: