- (1.) WE have heard Shri G.N. Verma assisted by Shri Sanjay Kumar for the petitioners. Shri M.C. Tripathi, Addl. Chief Standing Counsel appears for the State respondents. Shri Ramendra Pratap Singh appears for New Okhla Industrial Development Authority (Noida). Shri Rahul Sahai and Shri Vimlendu Tripathi appear for respondent Nos. 5 and 6 respectively.
(2.) BY this writ petition the petitioners have prayed for directions to quash the notifications dated 24th March, 1988 under Section 4/17 and notification under Section 6 of the Land Acquisition Act, 1894 (the Act) dated 5th July, 1988 applying Section 17 (1) of the Act, issued by the State Government for planned industrial development by New Okhla Industrial Development Authority (NOIDA). The petitioners have also prayed for directions not to sell, transfer or alienate the land of the petitioners to any other person; not to change the nature of the land in dispute; quash all the incidental proceedings, which have taken place after the petitioners' land has been acquired under Sections 9 and 17 (4) of the Land Acquisition Act, 1894, and to give opportunity to the petitioner under Section 5A of the Land Acquisition Act. It is submitted by Shri G.N. Verma, Sr. Advocate that though the land was acquired by notification under Section 6 applying the provisions of Section 17(1) on 5th July, 1988, the possession was taken on 28.3.1990 and that award was declared on 17.8.1990, the NOIDA did not utilise the land for planned industrial development for about 20 years. The land has now been proposed and is used contrary to the purpose for which the land was acquired. The State Government and the Noida authorities have played fraud with the petitioner for acquiring the land on payment of a very small amount as compensation and thereafter allotting it on much higher rate. The land acquired in Village Parthala Khanjarpur, Pargana and Tehsil Dadri Distt. Ghaziabad has been carved put into Sectors, 117,119, 122 and 123 and has been allotted to respondent Hos. 5, 6 and 7 for multihousing complex. He submits that though the State has power to acquire the land and that after taking over possession the land vests free from all encumbrances in the State for which compensation has also been paid, and for which the petitioner had made application under Section 18 for enhancement, as an oustee of the land the petitioner has a right to question the use of the land even after it has been acquired and the proceedings have concluded. In the counter-affidavit filed on behalf of Noida it is stated that the land was acquired by notifications issued under Section 4(1) read with Section 17, proposing to acquire total area of 115.562 acres in Village Parthala, Khanjarpur for planned industrial development, published on 24.3.1988, the notification under Section 6 published on 5.7.1988, the possession of the land was taken on 28.3.1990 and award was declared on 17.8.1990. The possession memo has been annexed to the counter-affidavit. The petitioners preferred a reference under Section 18 of the Land Acquisition Act being LAR No. 525 of 1990,140 of 1990 before the 9th ADJ, Ghaziabad. The reference was allowed against which State and NOIDA preferred First Appeal No. 477 of 1995. The first Appeal was allowed and the matter was remanded. It is still pending for deciding reference in Court.
(3.) IN the counter-affidavit filed on behalf of M/s Amrapali Patel Platinum, the allottee of the land it is stated that proceedings of compensation under Section 18 of the Land Acquisition Act commenced, an award dated 17.8.1990 was made fixing compensation at Rs. 30.75/- per Sq. Yard. The petitioners were not satisfied. They filed application under Section 18 for reference. The District Judge by judgment and award dated 23.11.1993 enhanced the compensation to Rs. 72/- per sq. yard. The State of U.P. filed First Appeal No. 464 of 1995. By judgment dated 31.3.2004 the matter was remanded back to the District Judge and is still pending disposal before the Addl. District Judge, Ghaziabad. It is stated that the respondent No. 6 and several other developers participated in an auction conducted by the Noida authorities for which advertisement was made in the newspapers. The respondent No. 6 was declared successful bidder for Plot No. GH-01 in Sector-119, Noida. A lease deed was executed and registered on 1.5.2007. The respondent No. 6 has allotted flats and has started constructions, which are on the verge of completion. The company has availed finance for the project from Bank of Maharashtra and LIC Housing Finance Ltd.;