The main legal point established in the judgment is the necessity of actual demarcation of the land and the importance of compliance with court orders, emphasizing the need for cooperation from the petitioner for the demarcation process.

M.C. Tripathi, J.

1. Heard Shri Rohan Gupta, learned Counsel for the petitioner-company; Shri Rajesh Srivastava, learned Standing Counsel appearing for the State respondent Nos. 1 to 5; Shri Kaushalendra Nath Singh, learned Counsel for New Okhla Industrial Development Authority (NOIDA) and Shri Suresh Singh, learned Counsel appearing for Yamuna Expressway Industrial Development Authority (YEIDA). Notice need not be issued to the private respondent No. 8, in view of the order proposed to be passed.

2. Jaypee Infratech Limited, a Company incorporated under the provisions of Companies Act, 1956 through its authorized representative, is before this Court assailing the ex-parte report of the Revenue Inspector dated 9.9.2017, countersigned by the Tehsildar on 11.9.2017; the order dated 10.1.2018 passed by the fifth respondent, Sub Divisional Magistrate, Dadri, District Gautam Budh Nagar and the order dated 18.4.2018 passed by the third respondent, Additional Commissioner-Ill (Administration), Meerut Division, Meerut and for direction to the respondents not to interfere in its peaceful possession over the acquired land in Khasra No. 574, situated at Village Gejha, Tilpatabad, District Gautam Budh Nagar leased out to it on 15.2.2008.

3. Record in question reflects that the State Government vide its notification dated 24.4.2001 constituted 'Taj Expressway Industrial Development Authority' (TEIDA) under U.P. Industrial Area Development Act, 1976 for implementing the Yamuna Expressway Project and allied development in the region. The petitioner-company is the concessionaire for the Yamuna Expressway Project vide Concession Agreement dated February 7, 2003. Thereafter, the concession agreement was entered into between YEIDA and the predecessor of the petitioner-company (Jaiprakash Industries Limited). Subsequently, Jaiprakash Industries Limited assigned the concession agreement with all its rights and obligations in favour of the petitioner-company. The aforesaid concession agreement is still subsisting and binding upon the parties to the agreement. As per terms of the concession agreement, the land for development was leased out in favour of the petitioner-company in view of the fact that the expenditure towards construction of Yamuna Expressway was to be born by the petitioner-company.

4. It has also been averred in the writ petition that the land for development has been given to the petitioner-company on payment of premium equivalent to acquisition cost without any additional charge for a period of 90 years. The petitioner-company has been leased out 498.4 hectares of land including part of Khasra No. 574 of Village Tilpatabad, District Gautam Budh Nagar situated in Sector 129. The total area of the Khasra No. 574 is 5.7760 hectares out of which 4.8323 hectares in the year 1995. Consequently, an area of 3.624 hectares land was leased out to the petitioner company vide lease deed dated 15.2.2008. The possession of the acquired land was also handed over to the petitioner-company after its physical survey and demarcation on the spot. Thereafter the land in question was transferred to the petitioner-company by respondent No. 7 and since then the petitioner-company is in possession of the land in dispute.

5. Thereafter, the NOIDA approved the lay out plan on 23.3.2011 and further the lay out plan was revised and approved by the respondent No. 6 on 20.2.2015. After verification of the land transferred to the petitioner company and approval of the lay out plan, several plots were carved out by the petitioner-company in the land leased out to it including the portion of Khasra No. 574, which has been leased out to the petitioner-company. Even part of commercial plot No. C3G and C3H1 have been duly demarcated at the site and even in these plots, the third party interest/rights have also been created. Plot No. C3H1 has already been subleased to South Indian Bank through registered lease deed dated 25.3.2017. After 19 years of acquisition o