- (1.) Heard Sri D.K. Jaiswal, learned Counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Ramendra Pratap Singh, learned Counsel for the respondent No. 3, New Okhla Industrial Development Authority (N.O.I.D.A.). Counter and rejoinder-affidavits have been exchanged between the parties.
(2.) The petitioners are aggrieved by non-delivery of physical possession of the land, subject-matter of patta certificate dated 25.4.1988 and also alleges that the Noida Authority is interfering in their possession by raising construction over the land in question.
(3.) Sri R.P. Singh while referring to his counter-affidavit has submitted that certain portion of Plot No. 361 was acquired by the Noida Authority but insofar as the other plots mentioned in paragraph 20 of the counter-affidavit are concerned, the Noida Authority is not interfering in the same nor making any construction thereupon. He places reliance on paragraphs 19 and 20 of the counter-affidavit filed alongwith Stay Vacation Application No. 41917 of 2012. Both the paragraphs are quoted hereunder: 19. That as regards gata No. 136-M which has an area of 3.809 hectares, it is submitted that an area 3.2943 hectares has been acquired and the award has also been declared. Proposal for acquisition of land in gata No. 430 area.7560 hectares is in process and section 4 Notification has already been issued. 20. That the Noida has not made any construction in gata No. 128M area 0.157, gata 136-M area 0.1833, gata No. 148 area 0.0500, gata No. 176 area 0.0250, gata No. 249 area 0.0250, gata No. 291 area 0.0130, gata No. 415 area 0.250, gata No. 469 area 0.0083, gata No. 420 area 0.0083, gata No. 427 area 0.189 and gata No. 430 area.3003, after passing of the interim order.;