VIJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri G.N. Verma assisted by Shri Sanjay Kumar for the petitioners. Shri M.C. Tripathi, Addl. Chief Standing Counsel appears for the State respondents. Shri Ramendra Pratap Singh appears for New Okhla Industrial Development Authority (Noida). Shri Rahul Sahai and Shri Vimlendu Tripathi appear for respondent Nos. 5 and 6 respectively.

(2.) BY this writ petition the petitioners have prayed for directions to quash the notifications dated 24th March, 1988 under Section 4/17 and notification under Section 6 of the Land Acquisition Act, 1894 (the Act) dated 5th July, 1988 applying Section 17 (1) of the Act, issued by the State Government for planned industrial development by New Okhla Industrial Development Authority (NOIDA). The petitioners have also prayed for directions not to sell, transfer or alienate the land of the petitioners to any other person; not to change the nature of the land in dispute; quash all the incidental proceedings, which have taken place after the petitioners' land has been acquired under Sections 9 and 17 (4) of the Land Acquisition Act, 1894, and to give opportunity to the petitioner under Section 5A of the Land Acquisition Act.

(3.) IN the counter-affidavit filed on behalf of M/s Amrapali Patel Platinum, the allottee of the land it is stated that proceedings of compensation under Section 18 of the Land Acquisition Act commenced, an award dated 17.8.1990 was made fixing compensation at Rs. 30.75/- per Sq. Yard. The petitioners were not satisfied. They filed application under Section 18 for reference. The District Judge by judgment and award dated 23.11.1993 enhanced the compensation to Rs. 72/- per sq. yard. The State of U.P. filed First Appeal No. 464 of 1995. By judgment dated 31.3.2004 the matter was remanded back to the District Judge and is still pending disposal before the Addl. District Judge, Ghaziabad.