RAMESHWAR DAS GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for the State-respondents no. 1 to 3 and Sri Ramendra Pratap Singh, learned counsel appearing for respondent no.4-Greater Noida Industrial Development Authority and have perused the record.

(2.) The admitted case of the petitioners is that by notification dated 17.9.1996 issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and the subsequent notification dated 28.10.1996 issued under section 6 of the Act, the land of the petitioners was acquired by the State Government for respondent no.4. Then as per the Award dated 5.2.2001 passed on the basis of agreement entered into under Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997 (hereinafter referred to as "the Rules of 1997"), the petitioners had been paid compensation as per the agreement. In the said Award itself, which has become final, it has been categorically stated that the possession of the land has been taken from the petitioners on 20.1.1998. It is admitted to the petitioners that the compensation has been duly paid to them.

(3.) Now after a gap of about 18 years of the notifications, 16 years after the possession of the land has been taken and 13 years after the Award which was passed on the basis of a compromise/agreement under the Rules of 1997, which compensation has been accepted by the petitioners, this writ petition has been filed claiming benefit of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "Act of 2013").