DHARMVEER AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed for a direction upon the respondents to allot 5% developed abadi land in view of the decision of a Full Bench of this Court in Gajraj & Ors. Vs. State of U.P & Ors, (2011) 11 ADJ It needs to be stated that the petitioners have already been paid 64.70% additional compensation.

(2.) The petitioners claim to have been owners of land situated in village Gulawali, Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar. After issuance of the notification under Section 4(1) of the Land Acquisition Act, 1894 The Act. on 29 January 2010 and the declaration made under Section 6(1) on 17 February 2011 of the Act and after completing all formalities, the possession has been taken and the award was made. Consequently, the compensation was made to the tenure holders.

(3.) One of the plea that was raised before the Full Bench in Gajraj was that the State Government was not justified in dispensing with the provisions of Section 5-A of the Act by invoking the provisions of sub-sections (1) and (4) of Section 17 of the Act. The Full Bench held that the State was not justified in dispensing with the enquiry contemplated under Section 5-A of the Act. Three sets of directions were then issued. Some of the writ petitions that had been filed with unexplained delay and laches were dismissed. The notifications issued in respect of villages where no development had taken place were quashed. However, in respect of some villages where substantial development had taken place, instead of quashing the acquisition proceedings even after accepting the plea that the provisions of Section 17(1) of the Act were wrongly invoked, the Full Bench enhanced the compensation by 64.7% as well as issued directions for allotment of developed abadi plot. The operative portion of the directions issued by the Full Bench in respect of petitions where relief for additional compensation and allotment of developed abadi plot was granted, is as follows:-