SABITA SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Raj Narayan Tiwari learned counsel for petitioners and Sri Ambarish Shukla learned Additional Chief Standing Counsel appearing for the State-respondent. Shri Alok Mishra, learned Advocate has received notices on behalf of the respondent-NOIDA.

(2.) By means of the present writ petition, the petitioners herein, who are heirs and legal representatives of Raghunath Rai Sharma son of Sri Munshiram Sharma, resident of 85 Model New Colony, Filmistan, New Delhi, the original tenure holder of Khasra No. 39M. area 0-14-0 Bigha situated in revenue Village Gejha Tilpatabad, Pargana and Tehsil Dadari, District Gautam Budh Nagar, the acquired land under the Land Acquisition Act, 1894 vide notifications dtd. 13/1/1995 and 21/9/1995 under Ss. 4 and 6 of the Land Acquisition Act, 1894; respectively, seek the following relief:-

(3.) The assertions in the writ petition are that the symbolic possession of an area 44.312 acres of the acquired land was taken on 6/2/1998, however, possession of the remaining area of 76.848 acres could not be taken on account of the pendency of the writ petitions filed by one Maharshi Ved Vigyan Vidyapeeth and other tenure holders wherein interim order was granted by this Court. The writ petitions were dismissed on 7/4/2004 and Special Leave Petition Nos. 21130/2004 and 21143/2004 were dismissed on 21/4/2006. After dismissal of the Special Leave Petitions, the possession memo of 76.848 acres of acquired land was prepared on 31/5/2006, whereunder the possession of Khasra No. 39 area 2-9-0 Bigha had been taken. A copy of the possession memo is appended as Annexure '4' to the writ petition.