- (1.) Heard Shri B. Dayal, Senior Advocate, learned Counsel for the Petitioners, Shri Pradeep Kumar learned Counsel for the Respondent No. 3 and learned Additional Chief Standing Counsel appearing for Respondent No. 1 and 2 and perused the record. By means of this petition, the Petitioner has prayed for quashing the order dated 5.5.2008 passed by the Respondent No. 3 (Annexure No. 1 to this writ petition) and for setting aside the acquisition proceedings with regard to the Petitioner's four plots No. 18,94,435, 436 situated in village Makora, P.O. Pali, Greater Noida, District Gautam Budh Nagar.
(2.) It appears from the record that the Petitioners earlier filed a writ petition No. 38952 of 2007 seeking relief against the Respondents restraining them from demolishing the Petitioners Abadi and School building, which was finally decided on 21.8.2007 directing the Respondent No. 3 (Greater Noida) to examine the matter as to whether the construction over the disputed plots was raised prior to the date of existence of Greater Noida or subsequent thereto. The Respondent No. 3 decided the representation of the Petitioner on 5.5.2008 without any finding with regard to period of construction and rejected the same. During this period of disposal of representation the Respondents initiated the proceedings of acquisition of the land under the provisions of Land Acquisition Act and notification under Section 4 read with Section 17(1) was issued on 12.3.2008 ( Annexure No. 4 to the writ petition).
(3.) The Petitioners have filed writ petition No. 24378 of 2008 with prayer to quash the above notification ( Annexure No. 1 to this writ petition) and restrain the Respondents from issuing declaration under Section 6 of the Land Acquisition Act, 1894 without resorting to the procedure prescribed under Section 5A of the Act. Since the Petitioners representation was not decided prior to 5.5.2008 and the Petitioners were under impression that since their representation was not decided, therefore, interim order granted by this Court would continue. On 3.6.2008, the Respondent's officials reached the spot with intention to demolish the construction and school building of the Petitioners as a result of which the Petitioner was constrained to file this writ petition on 8.6.2008 in order to save their construction and school building.;