Court No. - 21

Case :- WRIT - C No. - 27560 of 2020

Petitioner :- Smt Prakashi Devi

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Vinod Kumar Singh

Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra

Pratap Singh

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Vinod Kumar Singh, learned counsel for the

petitioner; Sri Sanjay Kumar Singh, learned Addl. Chief

Standing Counsel as well as Shri Devesh Vikram, learned

Standing Counsel for State respondents and Ms. Anjali

Upadhya, learned counsel for the respondent no. 3 i.e. Greater

New Okhla Industrial Development Authority, Gautam Budh

Nagar through its Executive Officer/Chairman.

Present writ petition under Art.226 of the Constitution of India

has been preferred feeling aggrieved with the rejection of the

application moved by the petitioner under Section 48 of Land

Acquisition Act, 1894 (in short "the Act") by the order

impugned dated 1.1.2018 passed by first respondent holding

that the land has already been vested in the State pursuant to

land acquisition proceeding under the Act, therefore, no benefit

under Section 48 (1) can be given to the petitioner by releasing

said land in her favour. The petitioner has also challenged the

acquisition proceeding dated 26.5.2009 as well as notification

dated 22.6.2009. The petitioner has also prayed for direction to

the respondents not to dispossess the petitioner from the land in

question and further to release the land from acquisition

proceeding and to sanction the compensation as per the new

rules.

Brief facts giving rise to present petition are that the petitioner

Smt. Prakashi Devi is the owner of the land bearing Khata

No.158, Khasra No.480, Area 2.0728 hect. Village Khodna

Khurd in which the house of the petitioner has been constructed

comprising four rooms. In the proceeding under Section 48 (1)

of the Act the third respondent has taken a plea that for

acquiring 201.7386 hect. land for planned development in

Village Khodna Khurd, Tehsil Dadri, Distt. Gautam Budh

Nagar a notification under Section 4 (1)/17 of the Act was

issued on 25.5.2009 and a notification under Section 6/17 was

issued on 22.6.2009. The possession was taken by the Collector

(Land Acquisition). After taking possession the Collector (Land

Acquisition) handed over the same to the authority on

14.09.2009 including Khasra No.480M area 0.8728 hect. In this

regard award was also made on 14.9.2011. While deciding the

application in question revenue record were also seen and from

which it transpired that plot no.480M is recorded in favour of

Smt. Prakashi wife of Teekam Singh resident of Afzalpur Siti;

Smt. Sheela Devi wife of Dharmpal resident of Bahrampur,

Meerut; Shripal & Rakesh sons of Sitaram; Mamchand &

Lachhu sons of Ram Narayan; Lakhiram son of Chandra;

Ishwar son of Yadram; Dheeraj, Brahm Singh, Omveer sons of

Bhram Singh; Smt. Shakuntala Devi wife of Jai Prakash; Smt.

Murti Devi wife of Yadram as co-tenure holder. The award

under Section 11 (1) was made on 14.9.2011. It is also reflected

that out of 2.0728 hect., 1.200 hect. was left over on account of

existing abadi, which were not required for the planned

development. Only 0.8728 hect. land has been acquired for

planned development and more than 80% tenure holders have

also accepted the compensation under the provisions of Uttar

Pradesh Land Acquisition (Determination of Compensation and

Declaration of Award of Agreement) Rules, 1997 (Karar

Niyamawali).

It has been pressed that the said land was acquired by Greater

Noida but no consent was taken from the petitioner, whereas,

the land in question is situated in abadi in which permanent

construction of house surrounded by the boundary wall is

situated. Learned counsel for the petitioner in this backdrop has

placed reliance on the provisions contained under Section 24

(2) of the