JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Akhilesh Tripathi, learned counsel for the petitioners, learned Standing Counsel representing the State-respondent, Sri H.N. Singh, learned Senior Advocate assisted by Sri Anuj Srivastava, learned counsel representing the Uttar Pradesh State Industrial Development Corporation Ltd. (hereinafter referred to as the U.P.S.I.D.C.) and Sri Amit Saxena, learned Senior Counsel assisted by Sri Varad Nath, learned counsel for the respondent no.5.

2. Present writ petition has been filed by the petitioners for quashing the order dated 14.09.2006 passed by the respondent no.1 by which application of petitioner to de-notify his acquired land in Gata No. 37, 39 and 41 total area 4.45 acre situated at Village Alipur Bhood Shamli, Gajraula, District J.P. Nagar was rejected on the ground that the possession of the land has already been taken in the year 1976 as well as the petitioners further seeking direction to respondent to denotify the aforesaid Gata No. 37, 39 and 41.

The factual matrix of the case is as follows:-

3(a). The petitioners were the tenure holder of Plot No.37, 39 and 41 of area 4.45 acre situated in Village Alipur Bhood Shamli, Gajraula, District- J.P. Nagar.

3(b). State Government issued a notification dated 14.10.1976 under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act, 1894’) and also invoked urgency clause Section 17(1) of the ‘Act, 1894’. By this notification, apart from the other land, portion of the land in Gata No.37, 39 and 41 area 4.45 acre was also proposed to be acquired. This notification was followed by another notification dated 15.10.1976 under Section 6 of ‘Act, 1894’. The award in the aforesaid notification was also declared on 07.05.1989. The present petitioners also received the compensation as declared by award dated 07.05.1985. Thereafter UPSIDC, who was the beneficiary of the aforesaid notification has also challenged the award dated 07.05.1985 before this Court through Writ Petition No.18453 of 1986 on the ground that before passing the award dated 07.05.1985, UPSIDC was not heard. The aforesaid writ petition was allowed vide dated 06.11.2009 and the award dated 07.05.1985 was quashed and a direction was made to pass the fresh award. Thereafter in pursuance of the order dated 06.11.2009 passed in Writ Petition No. 18453 of 1986 a fresh award was passed on 07.10.2010 by which the amount of compensation was reduced. It is also pertinent to mention here that the order dated 06.11.2009 passed in Writ Petition No.18456 of 1986 as well as fresh award dated 07.10.2010 were passed during the pendency of present writ petition.

3(c). The acquired land, in pursuance of the notification dated 15.10.1976 including the acquired land of the petitioners, was allotted to M/s Sivallik Cellulose Ltd. Company through lease deed dated 20.11.1976 and 02.03.1977. Thereafter impleadment application dated 02.04.2019 was filed by the M/s Sivallik Cellulose Ltd. to implead it as respondent no.5 which was allowed by this Court vide order dated 01.05.2019 and was permitted to be impleaded as respondent no.5. Thereafter counter affidavit was also filed on behalf of the respondent no.5.

4. Contention of learned counsel for the petitioners is that possession of their acquired land was not taken by the respondents and they are still in possession over that land. State has not produced any evidence despite order dated 12.09.2017 of this Court, showing that possession was taken from him. The contention regarding the possession of the petitioners over his acquired land in Plot No.37, 39, 41 is based on the report dated 21.01.2006 of District Magistrate, Jyotiba Phule Nagar. Report dated 21.01.2006 of District Magistrate, Jyotiba Phule Nagar shows that Gata No.37, 39, 41 are situated in boundary wall and major part of this land is laying vacant except Gata No.39 in which 12 rooms were found. It appears that above report dated 21.01.2006 was submitted by