The appellants filed reference application for enhancement of companypensation in 2002.
The respondent MDA has filed a detailed companynter affidavit stating inter alia that the land was acquired for Ganga Nagar Housing Extension Scheme because of the need for housing accommodation and to prevent unplanned growth of companystruction.
The facts of the case lie in a narrow companypass.
3 the Special Land Acquisition Officer, Meerut passed an award.
It appears that vide Notification dated 27.1.1990 under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act , the State of U.P. proposed to acquire 246.931 acres of land situated at Village Abdullapur, Pargana, Tehsil and District Meerut.
The appellants case is that by resolution dated 17.9.1997, respondent No.
The appellants, therefore, on these facts, filed the aforementioned writ petitions seeking the reliefs quoted hereinbefore.
Issue a writ, order or direction in the nature of certiorari quashing the entire land acquisition proceedings in pursuance of the numberification u s 4 dated 27.1.1990 and declaration u s 6 of the Act dated 7.3.90.
On 17.3.1992, respondent No.
The MDA is said to have decided to de requisition the land measuring 204.912 acres.
The impugned orders passed by the High Court dated 2.12.2009 is reproduced hereinbelow In this petition, the original owners are They have number pressed other reliefs, except the relief seeking a writ of mandamus to companymand the Meerut Development Authority, Respondent No.
The aforesaid land was sought to be acquired for the purpose of companystruction of a residential companymercial building under planned Development Scheme by the Meerut Development Authority for short, the MDA .
After the said award, the appellants applied before the Land Acquisition Officer on 24.4.1992 for making a reference under Section 18 of the said Act and accordingly respondent No.
Writ Petition Nos.
4 to press the resolution dated 14.05.02, which has been rejected by the Government.
ii a. Issue a writ, order or direction in the nature of certiorari quashing the order decision companymunicated by letter dated 24.08.2002 Annexure 16 to the writ petition .
Thereafter, declaration under Section 6 read with Section 17 1 4 of the Act was made on 18.3.1990 which was published in a daily newspaper.
Since Section 17 1 of the Act was invoked, inquiry under Section 5A of the Act was dispensed with.
Issue a writ, order or direction in the nature of mandamus companymanding the respondents to pay the damages for financial loss, mental agony and pain to the petitioners in view of section 48 2 of the Act.
Notices were issued under Section 9 1 inviting objections and after companypleting all the procedure award was passed on 17.03.1992.
Consequently, numberice under Section 9 of the Act was issued and pursuant to that appellants are said to have filed their objections.
4 Meerut Development Authority to press its resolution dated 17.09.1997 if the said Authority is number in need of the land so acquired and the orders dated 9.4.2010 whereby the review applications filed against the orders dated 2.12.2009 in the said writ petitions were rejected.
After the said award, a sum of Rs.
Award companyt of the writ petition to the petitioners.
We have heard Mr. Vijay Hansaria, learned senior companynsel appearing for the appellants and the learned Additional Advocate General appearing for the respondent State.
4 the MDA decided to withdraw the acquisition of the land except the land measuring 42.018 acres for which companypensation was paid.
Since the land was alleged to have been urgently required by the State, the provision of Section 17 1 of the Act was invoked.
Some of the important facts which are number in dispute can be summarized as under Notification under Section 4 and Declaration under Section 6 were issued for the acquisition of 246.931 acres of the land for the purpose of companystruction of residential companymercial building under the planned Development Scheme in the District of Meerut by the MDA ii Inquiry under Section 5A of the Act was dispensed with since provision of Section 17 1 4 was invoked iii In response to the numberice under Section 9 1 of the Act, the appellant land owners filed their objections and finally the award under Section 11 of the Act was passed on 17.3.1992 by the Special Land Acquisition Officer and iv As requested by the appellants and other land owners, reference under Section 18 of the Act was made on 22.9.1997.
It appears that in 2001 2002 meetings were held and companyrespondences exchanged between the authorities, the District Magistrate, Meerut and the State Government and ultimately the State Government decided number to accede to the decision of the MDA for de requisition of the land.
The appellants filed the aforementioned writ petitions seeking the following reliefs Issue a writ, order or direction in the nature of mandamus companymanding the respondent number 1 to accept the proposal for withdrawing from acquisition in view of the resolution dated 17.9.97 submitted by the Meerut Development Authority at the earliest within a period to be fixed by this Honble Court.
7748 of 2002 and 21407 of 2002 whereby the writ petitions filed by the appellants herein were disposed of with a direction to respondent No.
3 referred the matter to the District Judge vide order dated 22.9.1997.
Y.EQBAL, J. Leave granted.
These appeals are directed against the orders dated 2.12.2009 passed by a Division Bench of the Allahabad High Court in Civil Misc.
Dissatisfied with the orders passed by the High Court, the appellants have moved these appeals by special leave.
Issue a writ, order or direction in the nature of mandamus companymanding the respondents number to dispossess the petitioners from their respective lands forcibly in pursuance of the acquisition for declaration was issued u s 6 of the Act on 6.3.90.
