Hon'ble Vikram Nath,J.
Learned counsel for the petitioner states that the notification, which is being challenged in the present writ petition, has been challenged in Writ Petition No.14525 of 2010, in which interim order has been passed. In the circumstances, we propose to pass the same order, which has been passed in Writ Petition No.14525 of 2010.
Learned Standing Counsel appearing for respondent nos.1 and 2 and Sri Ramendra Pratap Singh, learned counsel appearing for respondent no.3 pray for and are granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List immediately thereafter.
The submissions of learned counsel for the petitioner is that the land of the petitioner has been acquired by notifications dated 16.10.2009 and 01.12.2009 issued under sections 4 and 6 respectively of the Land Acquisition Act,1894. It has been contended that the said land has been acquired for plan development in district Gautam Budh Nagar through respondent no.3. It is contended that the land is not required for construction of the high way/road but for developing the residential colonies around express way. Learned counsel for the petitioner submits that there was no material on record before the State Government with regard to the urgency of land so as to dispense with the inquiry under Section 5-A of the Land Acquisition Act and as such the acquisition in question is wholly illegal.
Considering the facts and circumstances of the case and keeping in view the submissions of learned counsel for the petitioner, we prima facie are of the opinion that the petitioner has made out the case for interim direction. Accordingly we direct that the status quo as on date with regard to the possession of the land over chak no.86, plot no.560, area 139.42 and 80 square yard situated at Village Dankaur, Pargana Dankaur, Tehsil-Sadar, District Gautam Budh Nagar shall be maintained by the parties.
Order Date :- 16.6.2010 A.