Hon’ble Ashok Bhushan, J.—This writ petition has been filed by the petitioners for claiming the benefit of Section 24 sub-section (2) of The Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter called the “Act, 2013”) on the pleading that the acquisition initiated vide notification dated 21.3.1983 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the “Act, 1894”) and the notification issued under Section 6 of the Act, 1894 dated 22.3.1983 has lapsed since the possession has not been taken by the State.

Counter and Rejoinder-affidavits having been exchanged between the parties, with the consent of the learned counsel for the parties, the writ petition is being finally decided.

2. Brief facts giving rise to the writ petition are: The petitioners are Bhumidhar of Plot No. 87M measuring area 1 Bigha, 4 Biswa, 0 Bishwanshi situate in Village Nagla Charan Das, Pargana Dadari, Tehsil Dadri, District Ghaziabad.

3. A notification under Section 4 of the Act, 1894 was issued on 21.3.1983 proposing to acquire agricultural land measuring 421 Bigha situate in different villages of Tehsil Dadri for the Planned Industrial Development through the New Okhla Industrial Development Authority, Ghaziabad. A declaration under Section 6 of the Act, 1894 was issued on 22.3.1983 which was published in the Gazette on 23.3.1983 for acquisition of the aforesaid land. Section 17 (1) of the Act, 1894 was invoked and the Collector was directed to take possession on the expiration of fifteen days from the publication of the notice mentioned in Section 9, sub-section (1). Notice under Section 9 was issued fixing 15.6.1983 for hearing. Objections were filed to Section 9 notice including the objection filed by the petitioners’ father Lakhpati regarding the Plot No. 87 relating to amount of compensation. The possession of the land was taken by the State on 23.8.1983. The award was declared on 30.11.1984. Compensation was received by the petitioners in the year 1984. The name of the authority was also recorded in the revenue records. With effect from 1.1.2014, Act, 2013 has been enforced. The petitioners have filed this writ petition on 6.1.2014 praying for following reliefs:

“i. To issue writ, order or direction in the nature of MANDAMUS commanding the Respondents to exempt the land comprising of Khasara No. 87M area 1 Bigha-4 Bishva-0 Bishwanshi of Revenue Village Nagla Charan Das, Pargana Dadari, Tehsil Dadri, District Ghaziabad (Now Gautam Budh Nagar) in favour of the petitioners which was acquired by the notification No. 2823-Bha.U/18-11-164Bha.-81 dated 21.3.1983 under Section 4 of Land Acquisition Act, 1894 and notification No. 2823 (2)-Bha.U/18-11-164 Bha.-81 dated 22.3.1983 under Section 6 of Land Acquisition Act, 1894 which has been deemed to be lapsed in view of the Section 24(2) of The Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013.

ii. To issue any other order of direction which the Hon’ble Court may deem fit and proper in the circumstances of the case.

iii. To award the cost of the petition to this petitioners.”

4. Counter-affidavit has been filed by the Authority pleading that after the declaration under Section 6 of the Act, 1894 was issued on 23.3.1983, the possession of the land was taken on 23.8.1983. Possession memo dated 23.8.1983 has been brought on the record which has been filed as Annexure CA-1. Award was declared on 30.11.1984 and compensation was paid to the petitioners. Name of the authority has been recorded in the Khatauni. Plot No. 87 alongwith other land comes under the NEPZ (Noida Export Processing Zone) which was established in the year 1985 for providing development to the heavy industries. The super imposed sector maps showing the situation of plots including plot No. 87 and the boundary of NEPZ has also been brought on the record in the counter-affidavit. It i