RAJVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Krishna Mishra, learned counsel for the petitioners, Sri Rajiv Kumar Gupta, learned Additional Chief Standing Counsel for the State respondent and Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of respondent no. 2-Noida.

(2.) The instant writ petition has been filed by the petitioners being aggrieved by the impugned order dtd. 29/7/2022, which was served on the petitioners on 5/7/2024, whereby the application filed by the petitioners under Sec. 28A of the Land Acquisition Act, 1894 (hereinafter referred as 'the Act, 1894'), has been rejected, as not maintainable, as the said application has been filed claiming re-determination of compensation by the Collector under Sec. 28A of the Act, 1894 on the basis of judgement and order dtd. 18/4/2022 passed by this Court in First Appeal No. 458 of 1982 (Malkhan vs. State of U.P.) filed by the land owners, who are covered by the same notification.

(3.) The brief facts of the case are that the ancestors of the petitioners were the owners of the land in Khasra No. 51 area 0-7-0 Hectares, Khasra No. 52 area 1-2-0 Hectares, Khasra No. 53 area 0-19-0 Hectares, 54 area 1-7-0 Hectares and Khasra No. 26/1 area 0-7-0 Hectares situated at Village Naya Bans, District Gautam Buddh Nagar. The aforesaid land of the petitioners was acquired in favour of the respondent no. 2- New Okhla Industrial Development Authority vide notification dtd. 30/4/1976 issued under Sec. 4(1)/17 of the Act, 1894. After the notification the award was declared on 15/2/1977 and the entire compensation in terms of the aforesaid award was received by the grandfather of the petitioner no. 7 herein and also by the ancestors of the other petitioners. Admittedly, the petitioners herein did not make any reference under Sec. 18 of the Act, 1894. However, some other land owners whose land were also acquired by the same notification, had challenged the said award by making reference to the court under Sec. 18 of the Act 1894, which was rejected by the Additional District Judge, Ghaziabad vide judgement and decree dtd. 25/11/1981. Being aggrieved by the rejection of the reference under Sec. 18 of the Act, 1894, an appeal under Sec. 54 of the Act, 1894 was filed by the said land owners being First Appeal No. 458 of 1982 (Malkhan vs. State of U.P.). The said First Appeal No. 458 of 1982 was decided by this Court vide order dtd. 18/4/2022, relying upon the judgement and order dtd. 8/7/2019 passed by this Court in First Appeal No. 593 of 1982, whereby the compensation was awarded at the rate of Rs.28.12 per square yard along with 30% solatium and other benefits as per the provisions of the Act.