Sudhir Agarwal, J.

1. This is a review application filed on behalf of Moradabad Development Authority (hereinafter referred to as "MDA") praying for review and recall of judgment dated 05.05.2016 passed by this Court in Writ Petition No. 45331 of 2009. Writ petition was decided on the basis of consensus stand taken by counsel for review-applicant who was appearing at the time of hearing on 05.05.2016. However this review application has been filed through a different counsel.

2. Grounds taken in review are that disputed land was already declared surplus under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as "Act, 1976") and had vested in State whereafter it was transferred to MDA.

3. Before referring to facts stated by review applicant in the affidavit accompanying this application it would be appropriate to refer facts in brief as borne out from pleadings of writ petition.

4. Writ petition was filed by three petitioners, namely, Gopal Tanson, Smt. Madhu Tandon and Vipul Tanson. It was filed in respect of land in Khasra No. 251 area 0.190 hectare (1426.56 sq. meter). It was pleaded by petitioners that aforesaid land was never acquired under the provisions of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") or under any other statute. It was all through a Bhumidhari land of petitioners and in their possession. MDA started development of residential colony in the vicinity of disputed land and approached petitioners to deliver disputed land for being utilized for better formation of colony and in lieu thereof petitioners were assured of given possession of another developed plot/plots. Possession of disputed land, consequently, was taken by MDA and they agreed to give an equal area of developed plot or price of such plot. Deputy Secretary, MDA prepared a plan proposing plots No. 10C-20 and 10C-21 in Sector 10 of New Moradabad Scheme. In respect of difference of area vis-a-vis development charges, it proposed that a sum of Rs. 3,25,468/- shall be paid by petitioners towards development fee and Rs. 1,39,745/- towards additional area of substituted land. Thereupon Secretary, MDA passed following order:

**çkFkhZx.k ls fdlh U;k;ky; esa okn yfEcr u gksus fo"k;d 'kiFk&i= ys fy;k tk; rFkk fodkl 'kqYd ,oa vfrfjDr Hkwfe dh ns;rk dh jkf'k tek djk yh tk;A mDr 'krksZ ds lkFk çLrkoA**

"Affidavit be taken from the applicants regarding no case being pending with any court, and development fee and due amount with respect to extra land be ensured to be deposited. Proposal with the said terms."

(English translation by Court)

5. Petitioners conveyed consent. The said proposal was submitted to Vice Chairman, MDA for approval but it did not approve the same.

6. Petitioners made a representation dated 27.02.2009 stating that their land in Khasra No. 251 area 1426.56 sq. meter was neither acquired nor it was ever part of any ceiling proceeding still forcibly taken in possession by MDA for development of residential colony and assurance to petitioners to provide alternative land ha not been fulfilled; therefore, either alternative land be provided or compensation at the rate of market value be paid.

7. Thereafter petitioners came to this Court in Writ Petition No. 45331 of 2009, in which following order was passed on 08.08.2011:

"Heard Sri G.N. Verma, learned senior counsel for the petitioner and Sri P.K. Singh appearing for the respondent no.2.

By this writ petition, the petitioners have prayed for a mandamus directing the respondent no.2 to release the plots of the petitioners of which possession has been taken by them illegally. Learned counsel for the petitioners submitted that petitioners are Bhumidhars of plot no.251, measuring area 1426.56 sq. mtrs. of village Mau, Tehsil and District Moradabad.

Sri P.K. Singh submits that the development authority itself has issued letter to the petit