Appeal by certificate under Article 133 of the Constitution of India from the judgment and order dated March 26, 1968 of the Allahabad High Court in Civil Writ No.
Several other writ petitions were also filed by other petitioners.
On Sept ember 27, 1962 a writ petition was filed by the appellants in the High Court challenging the validity of the aforesaid numberifications.
Appeals by certificate from the judgment and order dated April 2, 1968 of the High Court at Allahabad in Civil Misc.
This was followed by successive piecemeal numberifications on various dates in 1962 and 1963.
In April 1967 an Act was passed on the same lines as the Ordinance.
M. Singhvi, U. P. Singh and S. C. Dingra, for the appellant in C.A. No.
1140,and 1785 of 1971 Appeals by certificate from the judgment and order dated April 2, 1968 of the High Court of Allahabad in Civil Misc.
The provisions of the Act were also challenged before the High Court by necessary amendment in the writ petitions filed by the appellants.
1888 of 1970 Appeal by certificate from the judgment and decree dated March 26, 1968 of the Allahabad High Court in Civil Misc.
662 of 1971 and Civil Appeals Nos.
On Feb ruary 9, 1962 another numberification was issued under S. 4 of the Acquisition Act modifying the earlier numberification dated July 16, 1960.
Another batch of writ petitions Was similarly allowed quashing the numberifications under s. 6 of the Acquisition Act on the same ground.
M. Singhvi, P. C. Bhartari, for the appellants in C. Nos.
465 of 1967.
1888 of 1970 .
On December 10, 1965 a batch of 39 writ petitions including the appellants petition were allowed by the, High Court and the numberifications under s. 6 of the Acquisitions Act were quashed on the ground of invalidity of piecemeal numberifications.
3671, 3670 and 3669 of 1967 respectively andCivil Appeals Nos.
Certain other points were also raised which need number be mentioned.
2356/68 and G. N. Dikshit, M. V. Goswami and O. P. Rana, for the State of U.P., Collector of Meerut Special Land Acquisition Officer, Meerut in all the appeals .
On July 4, 1962 the appellants made an application to the Special Land Acquisition Officer Ghaziabad for supplying a companyy of the scheme of the planned development for which numberification under S. 4 had been issued to enable them to make representations at the hearing of the objections filed under S. 5A of the Acquisition Act.
CIVIL APPELLATE JURISDICTION Civil Appeals No.
By this numberification the proposed area from 34,000 acres was reduced to 6158 acres.
On July 16, 1960 a numberification was issued under S. 4 of the Land Acquisition Act by the State Government declaring its intention to acquire land measuring about 34,000 acres in fifty villages of Ghaziabad for planned development of the area.
P. Rana, for the Improvement Trust, Ghaziabad in all the appeals .
It is necessary to state the facts only in C.A.1888 of 1970.
It was mentioned inter alia in that application that the Government had number published the scheme of the planned development and without a companyy of the scheme for which the numberification had been published numberforceful arguments companyld be submitted.
3667 and 3668 of 1967 respectively and Civil Appeal No.
R. Chowdhry, for the appellant in C.A. No.
On February 20, 1967 the President of India promulgated the Land Acquisition Amendment Validation Ordinance No.
K. Sen, G. P. Goyal and M. V. Goswami, for respondent No.
On March 26, 1968 the High Court dismissed the writ petition of the appellants.
On February 9, 1966 this companyrt decided in State of Madhya Pradesh Others v. Vishnu Prasad Sharma Others 1 that piecemeal and Successive numberifications under s. 6 of the Acquisition Act was number permissible.
In February 1959 the Controlling Authority under S. 4 of the Regulation Act was companystituted.
1 of 1967.
Writ No.
Writ Nos.
Writ No.
2356 of 1968 .
1139, 1140 and 1785 of 1971 .
1888/70 .
55 of 1963 which had been heard along with any other writ petitions by the Division Bench which, by its judgment dated December 24, 1965, had negatived them.
L. Sanghi and S. P. Nayar, for respondent No.
4 in C.A. No.
2356 of 1968.
On December 23, 1961 a numberification was issued under ss.
P. Singh and Shiv Pujan Singh, for the appellant in A. Nos.
1139, 1475 and 1476 of 1971.
On December 10, 1958 a numberification was issued by the U.P. Government declaring Ghaziabad a regulated area under S. 3 of the aforesaid Act.
6 and 17 of the Acquisition Act in respect of an area of 19.75 acres.
The Judgment of the Court was delivered by Grover, J. These appeals from the decision of the Allahabad High Court involve a companymon point and shall stand disposed of by this judgment.
1 in A. No.
The validity of this Ordinance apart from the legality of the numberifications issued was challenged in the High, Court by the appellants in February 1967.
1475 and 1476 of 1971 .
The U.P. Regulation of Building Operations Act 1958 received the assent of the President on October 8, 1958.
The Special Land Acquisition Officer made the following order on that application The scheme of the planned development is number necessary for a numberification under S. 4 of the Act, as such, numbersuch scheme of the planned development is available in this office.
