PRAKASHI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) 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.

(2.) 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 Sec. 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 Sec. 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.

(3.) 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 Sec. 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 Sec. 4 (1)/17 of the Act was issued on 25.5.2009 and a notification under Sec. 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 and Rakesh sons of Sitaram; Mamchand and 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 Sec. 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).