VINOD KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two petitions filed under Article 226 of the Constitution of India. The writ petition no 26707 of 1991 has been filed by one Vinod Kumar on 24-9-1991 challenging the notice dated 28-8-1991 issued by the Greater NOIDA Industrial Development Authority (hereinafter referred to as the 'Greater NOIDA') under Section 10 of U.P. Industrial Area Development Act. 1976 (hereinafter referred o as 'the Act'.) The second petition has been filed by Satish Chandra and seven others on the 27th of March 1992. In this petition also, the Petitioners have challenged the notice dated 10-3-1992 issued by the Greater NOIDA Industrial Development Authority under Section 10 of the same Act. In both these petitions, at the time of the admission stage, this Court directed that Greater NOIDA shall not demolish the constructions existed on the land in dispute in pursuance of the impugned notice. It was further directed that they shall not make any further constructions on the disputed land.

(2.) When the second petition was filed on 27-3-1992, it was agreed between the parties that both the petitions may be heard together and may be finally disposed of. We have heard the learned Counsel for the Petitioners in both the petitions and learned Counsel for Greater NOIDA as well as learned Standing Counsel. The facts giving rise to the present petitions are as follows :

(3.) In writ petition no. 26707 of 1991, the Petitioner has alleged that he is owner in possession of Khasra plot no. 66 area 3-17-0 bighas situate in village Gullstanpur, Tahsil Dadri, district Ghaziabad and that his name has been recorded as the bhumidhar of the plot. It has been further stated that since the plot in dispute was being used for abadi purposes and pakka constructions have been in existence since a very long time, the Petitioner had filed an application before the Sub-Divisional Magistrate, Dadri, Ghaziabad on 28-12-1990 under Section 143 of the U.P. Zamindari Abolition & Land Reforms Act for a declaration that as the said plot has lost its character as agricultural land, it may be declared as non-agricultural land. After necessary enquiry ultimately the Sub-Divisional Magistrate by his order dated 6-4-1991 made a declaration under Section 143 of the U.P. Zamindari Abolition & Land Reforms Act declaring the land as non-agricultral on the ground that the old constructions have already existed and the land is being used for residential purpose.