ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The case of the petitioners is that their land was acquired by notifications dated 28.1.1994 and 10.11.1994 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894. The objections to the notification issued under Section 9(1) of the Act of 1894 were filed by the petitioners on 30.7.1997, which was after issuance of the notification under Section 6 of the Act of 1894. The award was passed on 28.4.2007 and as per the award the possession of the land had been taken on 29.6.1999.

(2.) The petitioners have now, in the year 2014, filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondents to declare the notification dated 28.2.1994 issued under Section 4 of the Act of 1894 to have lapsed and quash all the proceedings initiated on the basis of the same keeping in view of the provisions contained under Section 11(A) of the Act of 1894 and under Section 24(2) of the Right to Fair Compensation and Transparency under the Land Acquisition (Rehabilitation and Resettlement) Act, 2013 with regard to the acquisition of Plot No. 116-M measuring 2 bighas 7 biswa 10 biswansi situated in village Sadarpur, Pargana & Tehsil Dadri, District Gautam Budh Nagar. A further prayer has been made for a direction to the respondents not to demolish the construction of the petitioners situated over the land in question or dispossess the petitioners from the same.

(3.) We have heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhtar, learned counsel for the petitioners as well as learned Standing Counsel appearing for the State respondents no. 1 and 2 and Sri Shivam Yadav, learned counsel for the contesting respondent no. 3 and have perused the record. With consent of learned counsel for the respondents, we are disposing this petition at this stage without calling for a counter affidavit.