SHASHI AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Shashi Agarwal-the Petitioner No. 1 and Shri. Varun Kaushik-the Petitioner No. 2 have sought the relief against the order dated 20.7.2009 passed by Additional District Magistrate (Land Acquisition)/ Officer on Special Duty (Land Acquisition), Greater Noida, Gautam Budh Nagar, issuing directions in pursuance to his earlier order dated 16.5.2009, to attach the compensation received by them, and deposited in their bank accounts; and to recover it as arrears of land revenue. The compensation was paid to them for acquisition of 2.238 hectares of land, in Khata No. 184, Khasra No. 798M by notifications under Section 4(1)/17 dated 12.3.2008, and by notification under Section 6(1)/17 dated 30.6.2008, issued by the State Government, by which 572.209 hectares of land was acquired. The possession of the acquired land was taken on 26.2.2009. The Additional District Magistrate (LA) has further directed that a reference be made under Section 30 in respect of 1/2 part of the land to the District Judge under Section 30 of the Land Acquisition Act, where a similar reference for the remaining half of the land in Khasra No. 798M for the land acquired in the year 2001-2002, is still pending.

(2.) We have heard Shri S.K. Tyagi, learned Counsel for the Petitioners. Learned Standing Counsel appears for the State Respondents. Shri Ramendra Pratap Singh appears for the Greater Noida Industrial Development Authority. Shri Uma Nath Pandey appears for Shri Gangan Singh, and Shri Nehpal Singh-respondent nos. 5 and 6.

(3.) Brief facts giving rise to this writ petition are that Shri Kartar Singh son of Shri Mangat Singh was the original tenure holder and bhumidhar of 2.238 hectares of land in Khata No. 184 Khasra No. 798M (the land in dispute). He sold the land on 18.7.1974 to Shri Chandrapal, Shri Nehpal Singh and Shri Gangan Singh sons of Shri Makkhan Singh. On the same day the parties entered into an agreement of re-purchase, by which it was agreed that Shri Chandrapal and others-the purchasers of the land will sell the land within one year to Shri Kartar Singh. Shri Kartar Singh filed Original Suit No. 243 of 1975 in the Court of Additional Civil Judge, Bulandshahr for specific performance of the agreement of re-purchase of the land. He alleged that he did not hand over possession of the land to the Defendants Shri Chandrapal and Ors. and that inspite of repeated requests to take back Rs. 12,000/-and to execute the sale deed to Defendants, Shri Chandrapal and Ors. did not come forward to execute the sale deed. The Defendants did not deny the agreement of re-purchase. They stated that the Plaintiff Shri Kartar Singh was never agreeable for specific performance of the agreement of re-purchase, as he did not have money to pay to the Defendants. The Defendants attended the office of the Sub Registrar, Sikandrabad on 18.7.1975. The Plaintiff did not appear to pay the money and to execute the deed of repurchase. The trial court by its judgement dated 21.7.1978 dismissed the suit with the findings that the Plaintiff Shri Kartar Singh was not willing to execute the sale deed after paying back Rs. 12,000/-. A First Appeal against the judgement was dismissed by the District Judge on 31.10.1979. Shri Kartar Singh filed a Second Appeal No. 611 of 1980, in the High Court, which was also dismissed on 20.3.1980.