By the Court.—These writ petitions have basically challenged the notifications issued under Section 4 and Section 6 of the Land Acquisition Act in respect of the land situated in village Dostpur Mangrauli Bangar, Tehsil Dadari, District Gautam Budh Nagar, on the grounds of an incorrect dispensation of the provisions of Section 5-A of the Land Acquisition Act, 1894 and proceeding to invoke Section 17 of the Act for acquiring the land in question. The writ petitions were entertained and an interim order was passed on 14th June, 2010.

2. A bunch of writ petitions relating to the same acquisition including writ petitions pertaining to the village in question came up for consideration before the Full Bench of this Court in the case of Gajraj and others v. State of U.P. and others, 2011(11) ADJ 1, where all the acquisition proceedings were upheld but certain benefits were extended to the tenure holders in the terms thereof. The Full bench while dealing with this matter under the heading of Group 49 in paragraph 113 held as follows :

“113. The writ petition in Group-49 relates to village Dostpur Mangrauli Bangar, District Gautambudh Nagar. In Civil Writ Petition No. 47259 of 2011 (Rajveer and others v. State of U.P. and others), 11 petitioners have challenged the notification dated 17.3.2009 issued under Section 4 read with Section 17(1) and 17(1-A) of the Land Acquisition Act for acquiring 66.684 hectares of land situated in village Dostpur Mangrauli Bangar, District Gautambudh Nagar. Declaration under Section 6 was issued vide notification dated 8.4.2010. Plot Nos. 222, 423, 268, 328 are being used by the petitioners as abadi, which is recorded in the revenue record. There is delay of more than one year in issuing of notification under Section 6 of the Land Acquisition Act, which clearly indicates that there was no urgency in the matter. Petitioners claim that possession has yet not been taken. It is stated that there is no material with the State Government to invoke urgency clause. Counter-affidavit has been filed by the authority stating that possession was taken by the State Government on 22.5.2010. There was no reason to exempt the land of the petitioners. Petitioners are not in possession of the land.”

3. The above Full Bench judgment became subject-matter of challenge before the Apex Court and the same was affirmed in the case of Savitri Devi v. State of U.P. and others, (2015) 7 SCC 21.

4. Consequently, the notifications of acquisition were upheld subject to the directions given by the Full Bench. Learned counsel for the respondents have also placed before the Court, orders of three Division Benches in relation to the same village dismissing the writ petitions in the light of the Full Bench judgment in the case of Gajraj (supra). The judgment of the three writ petitions are extracted hereinunder :

1. Mahaveer and others v. State of U.P. and others in Writ C No. -34618 of 2010 decided on 4.5.2017 is extracted hereinunder :

“Heard learned counsel for the parties.

By this writ petition, the petitioners have prayed for quashing the notifications issued under Section 4 read with Sections 17(1) and 17(4) and Section 6 of the Land Acquisition Act dated 17th March, 2009 and 8th March, 2010 respectively relating to petitioners’ plots of village Dostpur Mangrauli (Banger).

Learned counsel for the petitioners submits that notifications in question have already been considered in bunch of writ petitions leading being Writ Petition No. 37443 of 2011 (Gajraj and others v. State of U.P. and others) decided by the Full Bench of this Court on 21st October, 2011 reported in 2011(1) ADJ 1. It is submitted that this writ petition is fully covered by the judgment of the Full Bench in the case of Gajraj (Supra).

Learned counsel for the respondents could not dispute the submission so made.

In view of the above, the writ petition is disposed of in terms of the Full Bench judgment in the case of Gajraj (Supra).”

Order on Amendment Applicati