Hitech Ghaziabad township: HC declines stay on writ

Allahabad, Sep 27 (UNI) Allahabad High Court has declined stay order on a writ petition challenging the notification issued by the Uttar Pradesh government in respect of land acquisition in Ghaziabad for development of a hitech township.

The order was passed by a division bench comprising Justices A K Yog and Sanjay Mishra.

The court declined stay order on the writ filed by M/s R P Tyagi and Sons and several others challenging notification of August 29, 2006 issued by UP under section 4[1] and 17[1] of the Land Acquisition Act in pursuance to the state government policy of November 22, 2003.

Meanwhile, advocate general S M A Kazmi assured the court that during the continuance of hearing, the state government was not taking any step for the petitioners' dispossession.

The matter has been fixed on October 11, 2006 and the parties directed to exchange affidavit in the meantime.

On petitioners' behalf, it was contended that the dispensation of procedure under section 17 of the Act for the development of hitech township tantamounts to violation of principles of chapter seven of the Land Acquisition Act.

However, the advocate general clarified the issue was not covered by the provisions of chapter seven of the Act.

Mr Kazmi said the township was being developed on hitech basis for public purposes and the scheme was for the benefit of peole at large.

Therefore, the state action had the protection of the Act and in as-much-as same was for the public purpose as defined under section 3[F] of the Land Acquisition Act.

UNI XC VS PA KP2006