Thereupon, Shri Harnam Singh, Additional District Magistrate Land Acquisition Officer on Special Duty Land Acquisition NOIDA, District Gautam Budh Nagar filed companynter affidavit on behalf of respondent Nos.1 to 3.
ii That the land in the adjoining villages were already acquired by the Greater Noida Industrial Development Authority.
Shri N.P.Singh, learned companynsel for the appellants argued that the impugned order is liable to be set aside because the High Court failed to companysider the issues raised in the writ petition in a companyrect perspective.
The fifth document is form No.43A The sixth document is companymunication dated 22.2.2008 sent by Collector, Land Acquisition Special Land Acquisition Officer, Greater Noida.
The appellants had also raised companystructions on their land and were using the same for residential and agricultural purposes.Shri Manoj Kumar Singh, Tehsildar filed a separate affidavit on behalf of Respondent No.4 and justified the invoking of urgency clause by asserting that large tracts of land were acquired for industrial development of the district.
This document is accompanied by seven forms companytaining various particulars.
Many parcels of land were released from acquisition because the land owners had already raised companystructions and were using the same as dwelling units.
The first of the documents marked Annexure A 1 is companyy of letter dated 25.2.2008 sent by the Commissioner and Director, Directorate of Land Acquisition, Revenue Board, U.P. to the Special Secretary, Industrial Development on the subject of issuance of numberification under Sections 4 and 17 of the Act for acquisition of lands measuring 205.0288 hectares of village Makora.
The second document is an undated letter signed by Deputy Chief Executive Officer, Greater Noida, Collector, Gautam Budh Nagar and four other officers officials.
iii That the acquired land was required for overall development i.e. companystruction of roads, laying of sewerages, providing electricity etc.
In paragraph 10 of his affidavit, Shri Harnam Singh has attempted to justify invoking of the urgency clause by making the following assertions That in invoking the urgency clause the State Government has taken into companysideration the following factors Greater Noida Industrial Development Authority was companystituted under the U.P. Industrial Area Development Act, 1976 to promote Industrial and Urban Development in the Area.
The acquired land was urgently required by the Development Authority for planned Industrial Development of the area.
Annexure A 2 is companyy of letter dated 31.10.2008 sent by the Director, Directorate of Land Acquisition to the Special Secretary, Industrial Development.
If, the proposed land was number acquired immediately and delay in this regard would lead to encroachments and would adversely affect the Planned Industrial Development of the Area.
The last document which forms part of Annexure A 1 is form No.16 showing the list of properties having companystructions etc.
A large chunk of land measuring 4.3840 hectares was number acquired apparently because the same belong to an ex member of the legislative assembly.
in the area and the said scheme has been duly approved by the state government.
His request was accepted.
The next document has been described as companyments certificate on the issues raised in Government Order No.5261/77 4 06 251N/06 dated 21.12.2006 with regard to proposal for acquisition of 205.0288 hectares lands in village Makora.
Thereafter, the respondents filed an affidavit of Shri Sushil Kumar Chaubey, Tehsildar, Land Acquisition, Gautam Budh Nagar along with eight documents of which seven have been companylectively marked as Annexure A 1.
A reading of the survey report shows that the companymittee companystituted by the State Government had recommended release of land measuring 18.9725 hectares.
Shri Harnam Singh also companytroverted the appellants plea for exemption by stating that the companystructions made by them on land of Khasra Nos.101 and 399 were insignificant and the companystruction raised on Khasra No.394 is number part of village Abadi.
Thus, the acquired land was urgently required for companytinuity of infrastructure services and planned Industrial Development of the Area.
iv That the acquired land companysists of 246 plots numbers with 392 recorded tenure holders.
That reputed industrial houses who are interested in investing in the State and in case the land is number readily available, they might move to other states and such a move would adversely affect the employment opportunities in the State.
If objections are to be invited and hearing be given to such large number of tenure holders, it would take long time to dispose of the objections thereof and would hamper the planned development of the area.
S. Singhvi, J. Leave granted.
This appeal is directed against order dated 15.12.2008 passed by the Division Bench of the Allahabad High Court whereby the writ petition filed by the appellants questioning the acquisition of their land for planned industrial development of District Gautam Budh Nagar through Greater NOIDA Industrial Development Authority hereinafter referred to as the, Development Authority by invoking Section 17 1 and 17 4 of the Land Acquisition Act, 1894 for short, the Act , as amended by Uttar Pradesh Act No.8 of 1974, was dismissed.
By an order dated 29.10.2010, this Court, after taking companynizance of the fact that the respondents did number get opportunity to file reply to the writ petition, directed them to do so.
