Hon’ble Suneet Kumar, J.—Heard Sri M.D. Singh Shekhar, Senior Advocate assisted by Sri S.F.A. Naqavi, Advocate, Sri B. Dayal, Advocate and Sri Mahesh Narain Singh, Advocate in support of the review application filed against the judgment dated 3.4.2012 passed in Civil Misc. Writ Petition No. 20839 of 2011(Arvind Nath Seth and others v. State of U.P. and others) and Sri Shashi Nandan, Senior Advocate assisted by Sri Vivek Chaudhary, Advocate, who have appeared opposing the review application.

2. The facts, briefly is, that the petitioners allege that they are recorded Bhumidhar of Plot No. 498 measuring 2.3350 hectare, Plot No. 500 measuring 7-15-2 and Plot No. 501 measuring 3.541 hectare situated in Village Kaseru Buxar, Mawana Road, Meerut and in support of their assertion they have filed extracts of the Khatauni (Record of rights) and Khasra (Field register). The said plots are situated at the crossing of Meerut National Highway going from Meerut to Parikshatgarh. The petitioners through a society had submitted a lay out plan to the Nagar Palika, Meerut in the year 1974 for sanction, to develop a residential housing scheme on the plots in question. At the relevant time, the Development Authority was not in existence and the powers vested with the Nagar Palika, Meerut. The Development Authority came into existance in Meerut in 1976. The Nagar Palika Meerut sanctioned the lay out plan No. 98 on 25-3-1974 as per the then approved master plan.

3. The map was sanctioned with the condition that petitioners would leave 150 feet wide strip of land abutting the nala, as road is proposed in the master plan. The society developed the residential colony as per the sanctioned plan and also left the 150 feet road. Forty of the residential plots were facing the 150 feet road and were accessible only from the said road.

4. According to the petitioners, the cause for filing the writ petition arose when an advertisement dated 22.9.2006 was published by the Development Authority for cutting and sale of trees standing on the aforementioned strip of road. The advertisement categorically stated that the road is proposed to be constructed by the Development Authority. The petitioners immediately, thereafter, claiming to be the owners of the said land objected to the cutting of trees and approached this Court by filing Civil Misc. Writ Petition No. 67294 of 2006 which was disposed of by order dated 11.12.2006. The order passed in the writ petition is as follows :

This writ petition has been filed raising various grievances including right, title and interest of the land, which is required for widening of road. If further gives rise to a question as to whether the land for road widening, can be taken in possession by the respondents without making payment of compensation to the present petitioners.

After hearing Shri A.K. Goyal, learned counsel for the petitioners and Shri B.Dayal, learned counsel appearing for the respondent, we dispose of the writ petition requesting the respondent, i.e. the learned Vice Charmian, Meerut Development Authority to consider and decide all the legal factual issues involved herein expeditiously by passing a speaking and reasoned order and in case it is held that the petitioners are entitled for compensation of the land of which they are being deprived, he must ensure the payment of compensation.

The proceedings may be concluded expeditiously, preferably within the period of 10 weeks from the date of filing a certified copy of this order before him.

5. In pursuance of the aforementioned order, the Vice Chairman of the Development Authority vide order dated 6.3.2007 rejected the claim of the petitioners stating therein that a society in the name and style of Chandra Nagar Sehkari Grih Nirman Samiti (referred to as Society) had submitted a lay out plan to develop a residential colony in the name and style of “Radha Garden” residential colony. The prescribed authority of the regulated area Meerut sanctioned the lay