Hon'ble Judges/Coram:
J.S. Verma, S.P. Bharucha and N.G. Venkatachala

ORDER

S.P. Bharucha, J.

1. Leave granted.

2. Heard.

3. This appeal impugns the judgment and order of the Allahabad High Court dismissing the writ petition filed by the appellants.

4. The appellants were the owners of land admeasuring approximately 29 bighas situated in Patti Baru, Baraut in Meerut district in the State of Uttar Pradesh. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act") in respect of the said land was issued on 29th July, 1986. The acquisition was proposed for the planned development and construction of the Mandi of the Agriculture Market Produce Samiti, Baraut. The notification stated that, in view of the urgency of the public purpose, Section 17(4) of the said Act was applied and the provisions of Section 5-A were dispensed with. On 24th October, 1986 the Section 6 declaration was issued which applied to the said land the provisions of Section 17(1). It stated that the Collector of Meerut could, though no award under Section 11 had been made, on the expiration of fifteen days from the date of publication of the notice under Section 9(1), take possession of the said land. The Section 9(1) notice was published on 2nd December, 1986. The appellants impugned the acquisition proceedings by filing a writ petition in the Allahabad High Court (being Writ Petition No. 1841 of 1986). The same was dismissed by a Division Bench on 19th January, 1987. The judgment upheld the acquisition proceedings. It found that there was urgency in the public purpose for which the said land was acquired and that the Krishi Utpadan Mandi Samiti (the third respondent before us) had the means to construct the market yard and godowns. On 27th February, 1987 the possession of the land was taken by the first and second respondents from the appellants and handed over to the third respondent. A Special Leave Petition filed before this Court by the appellants against the aforementioned judgment and order of the Allahabad High Court was dismissed on 19th April, 1987.

5. On 13th January, 1989 the third respondent resolved to exclude from acquisition the land at Patti Baru, including the said land. The resolution stated that this was because of shortage of funds and because the proposed Mandi site was far away from Baraut........