Unitech Bhagao Jamin Wapis Lao Sangharsh Samiti v. State of U. P.
2015-11-30
D.Y.CHANDRACHUD, YASHWANT VARMA
body2015
DigiLaw.ai
JUDGMENT The relief which the petitioners seek in these proceedings is in the following terms: “(a) to issue a writ in the nature and direction of certiorari to quash the impugned order dated 25-11-2005, 30-8-2006 and entire proceedings thereafter going on in the area of 9 villages viz. Ghatampur, Udayrajpur, Unchgaon, Korauta, Tulachak, Pilakhini, Balirampur, Daudpur and Manjhari of district Varanasi in the name of development of Hi-Tech Township through a company respondent No.10 represented by respondent No.9 – Sri A.K. Mukharji and the respondents may directed to give back the land of petitioner No.3 and other farmers whose land is purchased by the company aforesaid respondent No.9 & 10 with appropriate compensation in accordance with law.” 2. The first petitioner is an unregistered association. The order dated 25 November 2015 pertains to the grant of an exemption from stamp duty issued by the State Government in relation to a Hi-Tech Township. The notification dated 30 August 2006, provides in exercise of the jurisdiction under Section 17(4) of the Land Acquisition Act, 1894 that the provisions of Section 5-A shall not apply. However, it is common ground, as has been stated at the hearing of these proceedings that, as a matter of fact, no declaration under Section 6 was issued and that the acquisition proceedings have lapsed. Thus, what remains in the writ petition is a direction to the ninth and tenth respondents to handover the land which was purchased by the company from the farmers. 3. We are of the view that such relief cannot be sought in a public interest litigation. The issue as to whether any individual transaction is vitiated by absence of the consent or for any other reason, would require an investigation into the facts of that particular case. A general direction of this nature cannot be granted in the exercise of the jurisdiction in a public interest litigation. Hence, we decline to entertain the writ petition. The writ petition is, accordingly, dismissed. There shall be no order as to costs.