ROHTASH SINGH CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) By the Court.-The petitioners have challenged the land acquisition proceedings acquiring 128.862 hectares of land at village Shahpur Goverdhanpur Khadar, Tehsil Sadar, Pargana Dadari District Gautam Budh Nagar by notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (in short, 'the Act), dated 27.12.2007, along with opinion of the State Government that the provisions of sub section (1) of Section 17 are applicable to the land and also applying the provisions of sub section (4) of Section 17 for 'Planned Industrial Development' of Gautam Budh Nagar through New Okhla Industrial Development Authority, the notification under Sections 6/17 of the Act was published on 14.2.2008. The petitioners have also prayed for directions not to dispossess them from their abadi/araji of which they are owners, claiming to be in actual physical possession and not to demolish existing constructions over their land.

(2.) It is stated in paragraphs 5 to 7 of the writ petition, that out of area 1.088 hectare of plot No. 508, only 0.472 acre was sought to be acquired by the notification. The remaining area i.e. 0.616 hectare was left out of the acquisition proceedings. The petitioners 1 and 2 are owners and in possession of 0.1054 hectare forming part of plot No. 508 total area 1.088 hectare of Khata No. 105, which they have purchased from its bhumidhar Shri Vijay Singh son of late Shri Dhalchand by registered sale deed dated 29.8.2008. The petitioners No. 3 and 4 claim to be owners and in physical possession of 1.1054 hectare land forming part of plot No. 508 total area 1.088 hectare and plot No. 532 total area 1.9720 hectare, which they have purchased from Shri Kunwar Lal son of Shri Amar Singh by registered sale deed dated 30.8.2008, and their names have been mutated in their khatauni (record of title). In paragraph 6 it is stated that the sale deeds relate to those area of plot Nos. 508 and 532, which were left out and were not included in the notification. The petitioners' land is 0.616 hectare of plot No. 508 and 0.215 hectares of plot No. 532, which were left out from the acquisition.

(3.) It is stated that initially a proposal of acquisition of 132.59 hectare of land in village Shahpur Goverdhan was sent to the Government through letter dated 11.12.2006. The proposal was returned on which a Committee of three officers, namely Additional District Magistrate (Land Acquisition) Noida, Sub-Divisional Officer/Additional District Magistrate, Tehsil Dadari and Additional Chief Executive Officer, Noida, made local inspections and submitted a report in which they proposed to release 2.365 hectare land including 0.616 hectares of Khasra No. 508 and 0.215 hectares of plot No. 532, and that accordingly these areas of plot Nos. 508 and 532 as well as area of plot No. 505,506 and 507 were left out from the acquisition. In last week of May, 2009, the officers of Jayprakash Associates and the officers of Noida and land acquisition office came with police force and started forcibly demolishing the constructions (houses) of the petitioners existing on the land purchased by them. The petitioners are running from pillar to post but that no one is prepared to hear them. They have also annexed photographs of demolition. It is alleged that the land purchased by the petitioners was not acquired. The petitioners have also challenged the notification on the ground that there was no urgency much less such unforeseen emergency to acquire the land. The acquisition was wholly uncalled for and in any case notice under Section 9 of the Act has not been served nor 80% compensation has been paid. The petitioners have explained the delay in filing the writ petition in submitting that since the land was not included in the notification and no notice under Section 9 was issued, they have filed the petition only after the respondents have taken steps made to demolish their constructions. Shri W.H. Khan appearing for the petitioners submits that this Court may issue a Commission to find out the extent of the constructions of the petitioners, and the demolitions carried out by authorities.