By the Court.—Heard Sri J.J. Munir on behalf of writ petitioner Sri Arun Kumar Singh and Sri P.K. Singh, Advocate on behalf of Moradabad Development Authority as well as the learned Standing counsel.

2. This writ petition has been filed by five petitioners who claim to be the successor in interest of one Kesri. According to the petitioner, the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ‘Act’ 1976) were initiated against Sri Kesri, with the service of notice under Section 8 of the Act 1876. Under the order dated 28th July, 1977 a total area of 3396.09 sq.mt., in the hands of Sri. Kesri was declared as surplus land. The surplus land was directed to be deducted from his land holding from Khasra/Plot No. 799.

3. Subsequent to the determination of the surplus land in the hands of the Kesri, a notices under Sections 10(1) and 10 (3) were issued on 27.2.1978 and 28.10.1978 respectively copy whereof is enclosed as Annexure Nos. CA-6 and CA-7 to the affidavit filed on behalf of the Development Authority.

4. According to the State-respondents despite service of the said notices, no response was received from Sri Kesri. This resulted in issuance of a notice under Section 10 (5) of the Act dated 31th January 1979. With reference to the notice under Section 10(5) copy whereof has been enclosed as Annexure-8 to the counter-affidavit actual possession of the surplus land was taken on 14th February 1979. Possession certificate duly signed by Tehsildar as well as Naib Tehsildar Urban Land (Ceiling and Regulation), Moradabad and another authority forms part of Annexure - CA-9 to the present petition. After taking over possession of the surplus land under Section 10 (5) the competent authority under the Urban Land (Ceiling and Regulation) Moradabad forwarded a letter dated 28th June, 1979 informing the Tehsildar Mordabad that the possession of the surplus land to the extent of 3396.09 hectares out of Gata No. 799 minzumla has been taken on 14th February 1979, therefore, necessary mutation in the revenue records be made. It was directed that the name of Sri Keshri be deleted in its place ‘ceiling land’ be recorded, it was directed that after necessary mutation in the records a copy of the order of mutation be returned to the Court of competent authority.

5. We find that on 31st October, 1987 surplus land covered by Gata No. 799 minzumla was in fact transferred in favour of the Moradabad Development Authority (total area 3520.89 hectares) under the Government Order dated 2.2.1990, which fact stands established from the document dated 2.2.1990 signed by the Naib Tehsildar Moradabad Development Authority, copy whereof is enclosed alongwith Annexure CA-11 to the writ petition.

6. The records further reflect that in order to carry out a comprehensive Development Scheme in respect of the areas within the territorial limits of Moradabad Development Authority, a notification under Section 4 of the Land Acquisition Act, 1894 was published on 17th February 2010 whereunder some parts of Plot No. 799 alongwith other plots mentioned therein were proposed to be acquired. This notification was followed by a notification under Section 6 of the Act, 1894 dated 4th April, 2011. It is worthwhile to mention that while the area of surplus land transferred to Moradabad Development Authority out of plot No. 799 is much in excess vis-a-vis that proposed to be acquired under Section 4 and 6 of the Land Acquisition Act, 1894.

7. It is only when the Development Authority and its agents started developing the land for the purposes of planned development and for the purposes of executing the scheme known as Sonakpur Housing Scheme that the petitioners has approached this Court by means of this writ petition in the year 2013 alleging therein that actual possession of the surplus land at the hands of Kesri had not been taken before the enforcement of Repeal Act, 1999 and, therefore, this Court may issue a writ in