Hon'ble Vikram Nath,J.
We have heard Sri Ram Surat Saroj, learned counsel for the petitioners, learned Standing Counsel appearing for respondent nos.1 to 3 and Sri Ramendra Pratap Singh, learned counsel appearing for respondent no.4.
Learned counsel for the respondents pray for and are granted one month's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Connect this petition with Civil Misc. Writ Petition No.31616 of 2010 (Harpal Singh and others v. State of U.P. and others) and list on 29.7.2010.
Learned counsel for the petitioner has challenged notifications dated 17.3.2009 and 8.3.2010 issued under Sections 4 and 6 of Land Acquisition Act respectively in respect of plot no265 situated in village Dostpur Mangrauli Bangar, Tehsil Dadari, District Gautam Budh Nagar.
Learned counsel for the petitioner has urged that in view of the decision of Apex Court in M/s. Esscco Gabs Private Limited and another Vs. State of Haryana and another, (2009) 2 Supreme Court Cases 377 the authority is required to record his satisfaction as to why applicability of Section 5A of the Land Acquisition Act is to be dispensed with. The Apex Court has held in Sethi Auto Service Station and another Vs. Delhi Development Authority and others (2009) 1 Supreme Court Cases 180 that on the noting of the authorities the State Government's satisfaction cannot be inferred and the State Government is required to record its own independent reasons for invoking the urgency clause. In view of the aforesaid decisions, the petitioner is entitled for interim order.
Learned counsel for the petitioner has further urged that in view of the decision of Hon'ble Apex Court in Munshi Singh and others Vs. Union of India and others, A.I.R. 1973 S.C. 1150 for dispensing with an enquiry under Section 5A, mere mention of word "Land Development of the Area" is not sufficient and respondents are bound to show that the interested persons were aware of the scheme or were shown the scheme or the master plan in respect of land development.
In this view of argument made by the learned counsel for the petitioner, the learned Standing Counsel is directed to produce the entire records of acquisition on 29.7.2010 to demonstrate that satisfaction has been recorded by the State Government by applying its own independent mind and enquiry under Section 5A was dispensed with in accordance with law.
Until further orders of this court, parties are directed to maintain status quo.
Order Date :- 14.6.2010 A.