ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rajesh Mishra and Shri Abhijeet Mukherji, learned counsels for the petitioners, Shri Devesh Vikram and Shri Shuresh Singh, learned Additional Chief Standing Counsels and Shri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Shri M.C. Chaturvedi, learned Senior Advocate assisted by Shri J.N. Maurya and Shri Shiv Prakash Gupta, learned counsels for the respondent - Meerut Development Authority.

(2.) Since all the aforesaid writ petitions involve a common legal issue concerning the applicability of Sec. 24(2) and Sec. 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and with the consent of learned counsel for the parties, the petitions have been clubbed together, heard analogously, and are being disposed of by this common judgment.

(3.) The Writ-C No. 20190 of 2023 has been filed, praying inter alia seeking issue a writ, order or direction in the nature of Mandamus commanding respondent Nos. 1 to 3 to return and re-convey the petitioners land ad-measuring 0.2530 hectares, comprised in Khasra No. 708, situated at Village Abdullapur, Pargana and Tehsil Meerut, which was earlier sought to be acquired for the project of the Meerut Development Authority, namely Ganga Nagar Awasiya Vyasayik Yojana, in terms of Sec. 48 of the Land Acquisition Act, 1894 and the corresponding Sec. 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20132; and further, to de-notify the said land as the acquisition proceedings initiated through notifications dtd. 1/2/1990 under Sec. 4(1) and 7/3/1990 under Sec. 6 of the Land Acquisition Act, 18943 have lapsed under Sec. 24(2) of the Act of 2013; and in the alternative, to consider and decide the petitioners representation dtd. 30/1/2018 (Annexure No. 11 to this writ petition) regarding reversion and return of the land, after affording them due opportunity of hearing, within a stipulated period of time.