ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND MAHESH CHANDRA TRIPATHI, JJ.
KHEMCHAND AND OTHERS ......Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 52178, 52180, 54664 and 57601 of 2011, decided on 20th January, 2014)
Result; Petition Disposed of.
By the Court.—These four writ petitions have been filed challenging the acquisition of agricultural plots of petitioners situate in village Biraundi Chakrasenpur, district Gautam Budh Nagar.
2. A counter-affidavit has been filed on behalf of respondent No. 3 in Writ Petition No. 52178 of 2011. All the writ petitions raise same questions of fact and law, hence they have been heard together and are being decided with the consent of parties.
3. For deciding all the writ petitions, it shall be sufficient to refer to the pleadings in Writ Petition No. 52178 of 2011.
4. An order was passed by Hon’ble the Chief Justice on 14th September, 2011 for listing Writ Petition No. 52178 of 2011 alongwith Writ Petition No. 37443 of 2011 (Gajraj and others v. State of U.P. and others).
5. Brief facts giving rise to Writ Petition No. 52178 of 2011 are; the petitioners claim to be bhumidhar of plots situate in village Biraundi Chakrasenpur, Pargana Dadri, Tahsil Sadar, District Gautam Budh Nagar. A notification dated 18th December, 2001 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued proposing to acquire 46.2933 hectares of land for the planned industrial development in district Gautam Budh Nagar through Greater NOIDA. Sections 17(1) and 17(4) of the Act were also invoked. The notification under Section 4 of the Act stated that the land is urgently required for planned industrial development and it is necessary to eliminate the delay likely to be caused by an inquiry under Section 5A of the Act. The declaration under Section 6 of the Act dated 30th March, 2002 was issued directing the Collector to take possession on expiration of 15 days from the date of notification under Sub-section (1) of Section 9 of the Act. The State claims to have taken possession on 27th June, 2002. The award was also pronounced on 21st March, 2005. The respondent No. 3, after taking possession of the land, has made allotment of land to various developers and builders in the year 2006/2008. Two of such allotment letters and the lease deeds dated 1st December, 2006 and 12th January, 2007 have been filed alongwith the writ petition. The petitioners have also received compensation in accordance with the Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997. The petitioners after coming to know that the land which was acquired for the purposes of planned industrial development have been allotted to private builders and colonisers, have filed this writ petition in this Court on 7th September, 2011 praying for following relief :
“i. To issue a writ, order or direction in the nature of CERTIORARI, calling the records and quashing the impugned notification No. 4515/77-4-2001-87Bha.-99 dated 18.12.2001 issued under Section 4 of Land Acquisition Act and impugned notification No. 768/77-4-2002-87Bha-99 dated 30.3.2002 issued under Section 6 of Land Acquisition Act in respect of Plot Nos. 54 area 0.1900 Hect., 66 area 0.4810 Hect. 67Kha area 0.1390 Hect., 71Kha area 0.2700 Hect., 89Kha area 0.2700 Hect., 106 area 0.3030 Hect., 107 area 0.2380 Hect. and 128 area 0.6800 Hect. of the Revenue Village Biraundi Chakrasenpur, Pargana Dadri, Tehsil Sadar, District Gautam Budh Nagar. (Annexure 1 and 2 to the writ petition).
ii. To issue writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned notification dated 18.12.2001 under Section 4 and the impugned notification dated 30.3.2002 under Section 6 of the Act and not to dispossess and not to interfere into the peaceful possession of the petitioners over the Plot Nos. 54 area 0.1900 Hect., 66 area 0.4810 Hect. 67Kha area 0.1390 Hect., 71Kha area 0.2700 Hect., 89Kha area 0.2700 Hect., 106 area 0.3030 Hect., 107 area 0.2380 Hect. and 128 area 0.6800 Hect. of the Revenue Village Biraundi Chakrasenpur, Pargana Dadri, Tehsil Sadar, District Gautam Budh Nagar.
6. The writ petitio
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