- (1.) The Petitioner herein was the co-owner of the land bearing KHASRA No. 427. A notification dated 12.3.2008 under Section 4(1) read with Sections 17 (1) and 17 (4) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued. This was followed by a declaration dated 19.11.2008 under Section 6 of the Act. Possession of the land was taken on 16.2.2009. The Petitioner has received the compensation offered.
(2.) By the present petition, the Petitioner has prayed for the following reliefs: (a) issue a writ, order or direction in the nature of Certiorari quashing the impugned notification dated 12.3.2008 (Annexure No. 1 to the writ petition) issued under Section 4(1) read with Sections 17(1) and 17(4) and notification dated 19.11.2008 (Annexure No. 2 to the writ petition) issued under Section 6 of the Land Acquisition Act, 1894, in respect of half share of land of Khasra No. 427 situated in village Makaura, Pargana Dadri, Tehsil and District Gautam Budh Nagar. (b) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 2 to decide the representation dated 27.10.2010 (Annexure No. 8) by speaking orders in pursuance of Government Order dated 24.4.2010 within stipulated time. (c) issue a writ, order or direction in the nature of Mandamus directing the Respondent authorities not to demolish and interfere in worshiping and performing rites and rituals over the sepulcher(Samadhi Sthal) of grand father of Petitioner situated over plot No. 427 in Village Makaura, District Gautam Budh Nagar.
(3.) Insofar as prayer Clause (a) is concerned, in our opinion, as the declaration under Section 6 of the Act was issued as far back as 19.11.2008 and possession of the land was taken and compensation received, it will not be open to the Petitioner now to challenge the declaration under Section 6 in respect of half share of the land of KHASRA No. 427. Petitioner cannot approbate and reprobate. In our opinion, that relief cannot be granted. Insofar as prayer Clause (b) is concerned, it is the case of the Petitioner that Principal Secretary, Industrial Development, has addressed a letter to the NOIDA authorities and other authorities as also to the District Magistrate that a decision has been taken that after steps for denotification has been taken, the land can be given on lease to the original owner. According to the Petitioner, as per the Government policy, the Petitioner is entitled to get a lease deed in his favour for the area measuring 3000 sq. meter, but inspite of repeated requests, Respondent No. 3 (Greater Noida Industrial Development Authority) is not inclined to comply with the policy of the State Government. They have also illegally deprived the Petitioner from the ownership of the SAMADHI STHAL of his grand-father, which is situated in that land. The Petitioner by representation dated 22.10.2000, while making the said request has also made a request to exempt the land covered with sepulcher (SAMADHI STHAL) from the very acquisition.;