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Court No. - 9

Case :- WRIT - C No. - 6724 of 2021

Petitioner :- Vinod Kumar Nagar

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Sundeep Shukla

Counsel for Respondent :- C.S.C.

Hon'ble Sanjay Yadav,J.

Hon'ble Jayant Banerji,J.

(Per: Hon'ble Jayant Banerji, J)

Heard learned counsel for the petitioner and Ms. Anjali

Upadhya, learned counsel appearing for respondent No. 2. Learned

Standing Counsel appears for respondent nos. 1,3,4 and 5.

This petition has been filed with the following prayers:-

“(a) Issue a writ, order or direction in the nature of certiorari

impugned order dated 2.9.2020 passed by the Additional

District Magistrate (Land Acquisition), Greater Noida, District

Gautam Budh Nagar-respondent no.4 by which the area of

petitioner's plot bearing Khasra no. 205Mi in Khata No. 27 has

been reduced from 0.9110 hectare to 0.1210 hectare (Annexure-

1 to this writ petition).

(b) Issue a writ, order or direction in the nature of certiorari

calling for the record of order dated 9.9.2020 passed by the

Tehsildar Dadri, District Gautam Budh Nagar whereby in Fasli

Year 1427-1432 the area of petitioner's land in Khata No. 27

has been reduced from 0.9110 hectare to 0.1210 hectare in

pursuance of the impugned order dated 2.9.2020 passed by the

Additional District Magistrate (Land Acquisition), Greater

Noida, Gautam Budh Nagar.

(c) Issue a writ, order or direction in the nature of mandamus

commanding upon the Tehsildar Dadri to correct the entry in

the revenue record of the petitioner's land of Khasra No. 205Mi

in Khata No. 27 having an area of 0.9110 hectare.

(d) Issue a writ, order or direction in the nature of certiorari for

quashing the entire acquisition proceedings so far as it relates

to acquisition of petitioner's land with further direction to the

respondents to initiate fresh acquisition proceedings as per

provision of Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013.”

The contention of the learned counsel for the petitioner is that

pursuant to a notification and declaration under the Land

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Acquisition Act 1894, an area of 0.7900 hectare was acquired from

Khasra No. 205M, situate in revenue Village Saini, Pargana and

Tehsil Dadri, District Gautam Budh Nagar and an award was passed

on 2.8.2011 which shows that Plot No. 205M was acquired from

Khata No. 44 which belongs to the respondent no. 6. It is stated that

during the Fasli Year 1421-1426, the Khata number of Karan Singh

with regard to Khasra No. 205M was changed from 44 to 15. It is

stated that Khata number of petitioner was also changed. After the

death of the petitioner's father when he proceeded to get his name

mutated in the revenue records, it came to his knowledge that in the

Fasli Year 1427-1432, the area of the petitioner's land with respect to

his present Khata No. 27 was reduced from 0.9110 to 0.1210

hectare by the order of the Tehsildar dated 9.9.2020 in pursuance to

the impugned order dated 2.9.2020, passed by the Additional

District Magistrate (Land Acquisition). It is stated that no

opportunity of hearing was accorded to the petitioner prior to

passing of the impugned order dated 2.9.2020. It is stated that at no

point of time, the area of 0.7900 hectare was ever acquired from the

petitioner's land in Khasra No. 205M.

A perusal of the impugned order dated 2.9.2020 reveals that it

has been passed on an application filed by the respondent no. 6 on

4.8.2020 in which he stated that his name and that of Chaval Singh

(father of the petitioner) are recorded. On 4.3.2010 when respondent

no.6 obtained a copy of Khatauni, the area registered in his name

was 1.8290 hectare but, when he obtained a copy of Khatauni on

18.8.2020, it was found that with respect to his Khasra No. 205, an

area of 1.0390 hectare was recorded. It was noticed that an area of

7900 sq. meter was not registered even though his entire area of

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