NALINI AND ASSOCIATES Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri U.N. Sharma learned Senior Advocate assisted by Sri Uma Nath Pandey, Advocate for the petitioners, Sri Shivam Yadav for the N.O.I.D.A. Authority and the learned Standing Counsel appearing for the respondent Nos. 1 and 2. The present petition has been filed challenging the Notification dated 6.1.1992 issued under section 4 and the Notification dated 22.9.1992 issued under section 6 of the Land Acquisition Act, 1894 with regard to certain khasra situated at Village Hazipur Pargana and Tehsil Dadri District Gautam Budh Nagar on the ground that the acquisition has lapsed under section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 2013 Act).

(2.) A further prayer has been made that the respondents be directed to correct the revenue records scoring out name of the N.O.I.D.A. Authority over the plots in dispute and restore the name of the petitioners. A further prayer has been made that any third party interest shall not be created over the land in dispute.

(3.) The facts as narrated in the writ petition are that in the years 1989 to 1991, the petitioners have purchased the plots in dispute from their original tenure holders by registered sale-deeds. Subsequently, the notification under sections 4 and 6 of the 1894 Act were issued on 6.1.1992 and 22.9.1992 respectively and as per paragraph 10 of the petition, according to documentary position the possession was also taken on 18.3.1994, although the petitioners claim that the possession was symbolic in nature.