JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Akhilesh Tripathi, learned counsel and Sri Shivam Yadav, learned counsel for the petitioner, 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.4.

2. Present writ petition has been filed by the petitioner basically for the prayer to de-notify the notification of the acquisition dated 16.06.1976 in respect of plot No.199M, total area 1.20 acres situated at Mauja Bhanpur Khalsa, Pargana Hasanpur, District Moradabad on the ground that the petitioner is still in possession of the part of the land of Plot No.199M though the same was acquired by notification dated 16.06.1976 and his hotel is running over it since 1984.

The factual matrix of the case is as follows:-

3(a). The petitioner was the tenure holder of Plot No.199M of area 1.91 acre situated in Mauja Bhanpur Khalsa, Pargana Hasanpur, District Moradabad.

3(b). State Government issued a notification dated 16.06.1976 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.199M area 1.20 acre was also proposed to be acquired. This notification was followed by another notification dated 17.06.1976 under Section 6 of ‘Act, 1894’. The award in the aforesaid notification was also declared on 07.05.1989. The present petitioner after receiving the compensation as declared by award dated 07.05.1985 also filed reference under Section 18 of Act, 1894 before the District Judge, Moradabad bearing Reference No.268 of 1988, and same was also allowed on 01.04.2022 and compensation for acquired land was enhanced. 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 order 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 16.06.1976 including the acquired land of the petitioner, 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.4 which was allowed by this Court vide order dated 01.05.2019 and was permitted to be impleaded as respondent no.4. Thereafter counter affidavit was also filed on behalf of the respondent no.4.

3(d). Petitioner has filed one amendment application dated 07.03.2010 to add the prayer for quashing the notification dated 16.06.1976 as well as notification dated 17.06.1976 issued under Sections 4 and 6 of the Act, 1894 respectively. This amendment application was rejected by separate order on the ground of serious latches in challenging the notification of 1976 (after almost 34 years).

4. Contention of learned counsel for the petitioner is that possession of his acquired land was not taken by the respondents and he is still in possession over that land. State has not produced any eviden