DEEPAK SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition has been filed with the prayer to issue a writ of mandamus commanding the respondents not to demolish the construction of petitioner situated on plot no.534 having an area of 0.7510 hectare situated in village Tushyana, Pargana and Tehsil Dadri, District Gautam Buddh Nagar. A further prayer is made to command the respondents not to interfere in the peaceful possession of the petitioner on the aforesaid plot.

(2.) Facts of the case, as emerge from the record, are that the State Government exercising its power of eminent domain issued a notification under Sec. 4(1)/17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 10/4/2006 for acquisition of the plot in question. Urgency clause was invoked and the inquiry contemplated under Sec. 5-A of the Act was dispensed with. A declaration under Sec. 6(1)/17(1) of the Act came to be made on 30/11/2006. The respondents took possession of the entire acquired land of plot no.534 on 2/2/2007. An award in terms of Sec. 11 of the Act was made by the District Magistrate on 27/4/2010. It is undisputed that by invoking the power of acquisition under the Act the State acquired the entire land of plot no.534 and the acquisition proceedings have attained finality. Neither the award is under challenge nor any of the proceedings undertaken thereunder. The effect of such acquisition proceedings, in the context of prayer made in the writ petition, would be dealt with a little later.

(3.) Petitioner submits that in the proposal submitted for acquisition it was found that plot no.534 had six shops and a gallery and that by virtue of a provision contained in the Government Order dtd. 24/4/2010 the petitioner was entitled to lease back of the portion of land which was covered by the Government Order.