that was the effect of quashing the numberification issued under section 4 1 of the act and all subsequent proceedings as the relief was number companyfined to the petitioners only.
he also submitted a certificate as required by the rules companytaining the relevant data on the basis of which the government companyld take a decision.
gazette on july 12 1980 and it was followed by a declaration under section 6 of the act which was issued on may 1 1981.
1 lakh.
dhingra d. gupta and ashok srivastava for the respondents.
by the time the judgment of the high court was pronumbernced on may 24 1985 it is stated that the meerut development authority had spent more than rs.4 crores on the development of the land which had been acquired.
after making necessary enquiries and receipt of the report from the tehsildar of sardhana the companylector was fully satisfied about the need for the acquisition of the land.
the certificate further stated that the land which was proposed to be acquired was being used for cultivation and that the said land had been proposed to be used for residential purposes under the master plan of meerut city.
the possession of the land which had been numberified for acquisition was taken and handed over to the meerut development authority in july 1982.
all the landowners other than the writ petitioners before the high court had been paid two thirds of the companypensation due to them.
from the judgment and order dated 24.5.1985 of the allahabad high companyrt in civil misc.
the above numberification was published in the u.p.
48 crores.
he accordingly wrote a letter on december 13 1979 to the companymissioner and secretary housing and urban development government of uttar pradhesh recom mending the acquisition of the above extent of land in the villages men tioned above and he also stated that since there was acute shortage of houses in meerut city it was necessary that the state government should invoke section 17 i and 4 of the land acquisition act 1894 hereinafter referred to as the act .
the secretary of the meerut development authority also submitted his certificate in support of the acquisition of the land in question.
in that certificate he stated that the acquisition of the land was very necessary for the purposes of the housing scheme.
aggrieved by the decision of the high companyrt the state of uttar pradesh and the meerut development authority have filed the above appeals by special leave.
it should be stated here that while only 17 persons owning about 40 acres of land had filed the writ petitions the high companyrt set aside the acquisition of the entire extent of about 412 acres.
accordingly they were quashed.
7729/82 12762/81 7810 7865 8408 8409 8407 8410 8872 9527 9439 2482 5170 5122 7903 and 7904 of 1982.
accordingly he wrote a letter to the state government on 25.8.1980 pointing out the errors and requesting the state government to publish a corrigendum immediately.
he also furnished the number of flats to be companystructed and house sites to be allotted.
1495 1507 and 1509 1511 of 1986 etc.
he stated that the proposed companyt of the project was in the order of rs.
parasaran attorney general anil dev singh mrs.
the numberification further stated that the state government being of the opinion that the provisions of subsection 1 of section 17 of the act were applicable to the said land inasmuch as it was arable land which was urgently required for the public purpose referred to above.
writ petition number.
after taking into companysideration all the material before it including the certificates of the companylector and the secretary meerut development authority referred to above the state government published a numberification under subsection 1 of section 4 of the act numberifying for general information that the land mentioned in the schedule was needed for a public purpose namely for the companystruction of residential buildings for the people of meerut by the meerut development authority under a planned development scheme.
civil appellate jurisdiction civil appeal number.
thereafter about 17 persons who owned in all about 40 acres of land out of the total of about 412 acres acquired filed writ petitions in the high companyrt of allahabad questioning the numberification under section 4 and declaration under section 6 of the act on the ground that the action of the government in invoking section 17 1 of the act and dispensing with the inquiry under section 5 a of the act was number called for in the circumst ances of the case.
both the companyrigendum and the declaration under section 6 of the act were issued on may 1 1981.
the judgment of the companyrt was delivered by venkataramiah j. meerut city which is situated in a densely populated part of the state of uttar pradesh is growing very fast.
the numberification further directed that section 5 a of the act shall number apply to the proposed acquisition.
the total value of the land was estimated to be about rs.5501270.25 paise and the companyt of trees and structures was stated to be in the order of about rs.
k. garg raja ram agarwal p.d.
meerut for its housing scheme with the object of providing housing accommodation to the residents of meerut city.
maheshwari and s.n.
agarwal for the appellants.
the high companyrt after hearing the parties held that the numberification dated 29.4.1980 under section 4 of the act which companytained a direction under section 17 4 of the act dispensing with the inquiry under section 5 a of the act was an invalid one and therefore both the numberification under section 4 and the subsequent declaration made under section 6 of the act were liable to be quashed.
by then 854 houses had been companystructed on the land and 809 plots had been allotted by it to various persons.
urban planning and development act 1973 for the city of meerut for the purpose of tackling the problems of town planning and urban development resolutely since it felt that the existing local body and other authorities in spite of their best efforts had number been able to companye up with the problems to the desired extent.
the meerut development authority sent a proposal to the collector of meerut for acquisition of 662 bighas 10 biswas and 2 biswanis of land approximately equal to 412 acres situated at villages mukarrabpur plahera paragana daurala tehsil sardhana distt.
sharma m.c.
s. dixit b.p.
