- (1.) WE have heard Shri K.N. Tripathi, Sr. Advocate assisted by Shri Amit Khemka and Shri Sujeet Kumar for the petitioners. Shri S.G. Hasnain, Addl. Advocate General appears for the State respondents. Shri Rahul Sahai has appeared on behalf of New Okhala Industrial Development Authority (Noida).
(2.) BY this writ petition the petitioners have prayed for following reliefs: A. Issue a writ order or direction in the nature of certiorari quashing the proceedings of the case No. 2 of 2007 pending before the respondent No. 4. B. Issue a writ order or direction in the nature of mandamus directing the respondent No. 5 to release the entire land of the petitioners from acquisition under the Land Acquisition Act. C. Issue a writ order or direction in the nature of mandamus directing the respondent NO. 2 that in case the respondents still wish to acquire the land under the Land Acquisition Act, they must make the payment of the compensation to the petitioners at the rates prevailing and fixed by the State Government by the acquisition of land for the area in which the property of the petitioners is situated i.e. Rs. 1000/ - per Sq. Mtr. D. Issue a writ order or direction in the nature of mandamus directing the respondents to take stern action against the erring officials of the State Government who have deliberately delayed the payment of due compensation to the petitioners with malafide intentions. E. Issue a writ order or direction in the nature of mandamus directing the respondents to record the names of the petitioners in the revenue records. F. Issue any other suitable writ, order or direction as this Hon'ble Court deem fit and proper in the facts and circumstances of the case. F. Awards cost of the petition in favour of the petitioners. During the course of argument Shri K.N. Tripathi very fairly stated that he cannot possibly press relief 'B' for releasing the entire land from acquisition under the Land Acquisition Act. He prays for quashing the proceedings in Case No. 2 of 2007 under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (in short the Ceiling Act) and for payment of compensation for acquisition of Khata No. 60, area 35 bigha 15 biswa and 5 biswansi land, and Khasra No. 219 area 2.759 hect., on the rate prevailing and fixed by the State Government of the area in which property is situate at the rate of Rs. 1000/ - per sq. mtr. and in the alternative the compensation as worked out by the Special Land Acquisition Officer in the award along with 9% interest for the first year and 15% interest for the subsequent years until the amount is paid.
(3.) THE controversy raised in the writ petition regarding proceedings under the Ceiling Act was settled by this Court in the judgment dated 24.7.1997 in Writ Petition No. 17508 of 1986, and the subsequent judgment rendered by one of us (Hon. Sunil Ambwani, J.) dated 12.4.2007 in Writ Petition No. 42166 of 2006. An application for modification of the judgment, and to issue direction for payment of compensation, was rejected as no such prayer was made for payment of compensation in Writ Petition No. 42166 of 2006.;