Sh. Naipal Singh vs State of U.P. and Others

Heard Review Application in Writ Petition No. 31799 of 2009 Naipal Singh v. State of U.P. and Review Application in Writ Petition 31102 of 2010, Pintu Singh v. State of U.P. and others. These two review applications filed in the above two petitions have been heard together and are being disposed of by this common order.

Heard Sri N.P. Singh, appearing for the Petitioners, Sri Ramendra Pratap Singh, learned Counsel for the NOIDA, learned Standing Counsel for the State-Respondents and Sri Yashwant Varma for the Respondent No. 6 in Writ Petition No. 31102 of 2010.

Review Application No. 262133 of 2010 has been filed to review the judgment and order dated 11.8.2010 passed in Writ Petition No. 31799 of 2009 by which the writ petition was dismissed relying on the submission of the learned Counsel for the Respondents that the land was acquired for Yamuna Express Way Project and the writ petition is fully covered by the judgment passed in Writ Petition 29682 of 2009 (Narendra Road Lines Pvt. Ltd. v. State of U.P. and others).

Learned Counsel for the Petitioner submitted that in Writ Petition No. 31799 of 2009 notifications issued under Sections 4 and 6 of the Land Acquisition Act dated 17.3.2009 and 7.5.2009 were challenged. He submitted that purposes of acquisition as mentioned in the notifications under Sections 4 and 6 was as follows:

Under Sub-section (1) of Section 4 of the Land Acquisition Act 1894 read with Sub-section (4) of Section 17 of Land Acquisition Act 1894 (Act No. 1 of 1894) the Governor is pleased to notify for general information that the land mentioned in the sub-schedule below is needed for public purpose, name ly for planned development of Industrial in district Gautam Budh Nagar

A perusal of the notification issued u/s 4 of the Land Acquisition Act thus clearly indicates that land was not acquired for development under Yamuna Express Way Project. The judgment and order dated 11.8.2010 was based on the aforesaid basis i.e. the land was acquired for development under the Yamuna Express Way Project, which on the face of it does not appear to be correct. Sufficient ground has been made out to review the judgment and order dated 11.8.2010. The review application is allowed.

Review Application No. 262130 of 2010 has been filed to review the judgment and order dated 11.8.2010 by which the writ petition was dismissed. It is relevant to note that Writ Petition No. 31102 of 2010 had been connected with Writ Petition No. 31799 of 2009 (Naipal Singh v. State of U.P. and Ors.) by the order dated 28.5.2010 and both the writ petitions, namely, Sri Naipal Singh and Sh. Pintu Singh challenged the same notification dated 17.3.2009 issued u/s 4 of the Land Acquisition Act and notification dated 7.5.2009 issued u/s 6 of the Land Acquisition Act. Although, in the order dated 11.8.2010 concession is recorded of the learned Counsel for the parties that the matter is covered by the Division Bench judgment of this Court in the case of Narendra Road Lines Pvt. Ltd. v. State of U.P. and others decided on 2.7.2010 but we have already taken the view while deciding the review application No. 262130 of 2010 that the subject matter of writ petition is strictly not covered by the judgment rendered in Narendra Road Lines'' case, since the acquisition in the present case u/s 4 were not specifically for Yamuna Express Way Project rather acquisition was for planned industrial development in Gautam Budh Nagar.

In view of the fact that review application in connected Writ Petition No. 31799 of 2009 has already been allowed, review application in Writ Petition No. 31102 of 2010 also deserves to be allowed.

In the result, both the review applications are allowed and the judgment and order dated 11.8.2010 in the writ petitions are reviewed. Interim order already passed in the writ petition shall continue. We make it clear that status quo as it exits today on the land in dispute shall be maintained by the parties untill further orders of this Court.

Learned Counsel for the Petitioners submits that the Petitioners'' construction has been demolished on 9.2.2011 and 11.2.2011. He prays for and is granted two weeks'' time to file appropriate application along with the affidavit, which may be considered.

We further clarify that when the matter is heard it shall be open for the parties to address all the issues including the applicability of the judgment rendered in the case of Narendra Road Lines'' case (Supra).

List the writ petitions before appropriate bench on 01.03.2011.