HEERA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) It appears that the petitioner has brought this petition, seeking to redeem his land bearing Khasra No. 375, admeasuring 3240/2 square meters, situate at Village Dabra, Pargana and Tehsil Dadri, District Gautam Buddh Nagar, which has been acquired by the State under the Land Acquisition Act, 1894 (for short 'the Act of 1894') for the purpose of planned industrial development by the Greater New Okhla Industrial Development Authority (hereinafter referred to as 'Greater NOIDA'). The aforesaid land shall hereinafter referred to as 'the land in dispute'.

(3.) It appears that the land in dispute was acquired through a notification dated October 31, 2005 under Sec. 4/17 of the Act of 1894 followed by a declaration dated September 1, 2006 under Sec. 6/17 of the Act. A perusal of the khatauni for the years 1409-1414, that correspond to the calendar years 2001-2006, shows that in compliance with the order of the Additional District Magistrate (Land Acquisition) Greater NOIDA, the name of the ousted land holder, Heera Singh, the petitioner has been mutated out and that of Greater NOIDA recorded. Apparently, the possession of the land in dispute has been taken and it is acquired land of the public authority. The petitioner, somehow, has continued in possession of the acquired land as a downright encroacher and some dilapidated structure is standing on a part of the land. For reasons best known to the Authorities of the Greater NOIDA, a report at the instance of the petitioner has been put in by the Greater NOIDA functionaries that a 24-meter wide road for the industrial development of Tech Zone-2 be shifted away from Plot No. 6365, where it is planned. The reason assigned in the report dated July 6, 2016 is that a part of the said land falls in the green belt and on some part of it, two rooms and a verandah belonging to the land holder are in existence. Besides those structures, there are some trees and the land holder has not taken compensation for the land.